IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 MACA.No. 1570 of 2008() ----------------------------------- OPMV.2307/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ------------------------ FAIZAL, S/O.ALIKOYA 34 YEARS THEKKAYIL HOUSE, KALATHARA PO CHERUVANNUR SRAMBI NEAR, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENT ------------------------ 1. ABDUL NAZAR, S/O.MOHAMMED, 41 YEARS, T.K.HOUSE, CHOORATHODIVAYAL, PARAMBU KALLAI POST, KOZHIKODE. 2. ORIENTAL INSURANCE CO.LTD., PRAMOD BUILDING, CHEROOLY ROAD, KOZHIKODE. R2 BY ADV.MR.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1570 OF 2008 = = = = = = = = = = = = = = = Dated this the 11h day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2037/00. The claimant is alleged to have sustained injuries in a road accident and the Tribunal has dismissed the claim on the ground that it is not proper to believe the documents produced by the claimant. The insurance company's liability is also disputed and the Tribunal had exonerated the insurance company also from the liability. I do not know why after making R1 liable the Tribunal has dismissed the claim application. Therefore the matter requires total reconsideration. Hence the award under challenge is set aside. The matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then the matter be disposed of in accordance with law. The claimant is directed to take out M.A.C.A. 1570 OF 2008 -:2:- notice to R1 as his interest is also deeply involved in the matter, after the appellant enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 5.3.2010. M.N. KRISHNAN, JUDGE. ul/-