IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 M.A.C.A.No. 2797 of 2008(G) ------------------------------------ OP(MV) NO.422/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA ........................ APPELLANT/PETITIONER: ------------------------------------- DAISY SUNNY, W/O. SUNNY, PATTAMATTAYIL HOUSE, MALANKARA, NENMENI AMSOM, SULTHAN BATHERY, WAYANAD. BY ADV. SRI.LALGI P.THOMAS RESPONDENTS/RESPONDENTS: ------------------------------------------- 1. PAILY @ PAULOSE, S/O. VARGHESE, ARAMPILLIKUDY HOUSE, MANDAD P.O., MUTTIL, WAYANAD. 2. BIJU PAUL, S/O. POULOSE, ARAMPILLIKUDY HOUSE, MANDAD P.O., MUTTIL WAYANAD. 3. UNITED INDIA INSURANCE COMPANY LTD., KALPETTA SUPPLEMENTAL RESPONDENTS:- 4. MR. JAMES, S/O. MATHAI, THONDUNGAL HOUSE, PAZHUPATHOOR, SULTHAN BATHERY. 5. BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., NOORNAL BUILDING, CHUNGAM, SULTHAN BATHERY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2797 OF 2008 --------------------------------- Dated this the 4th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Kalpetta in O.P.(MV) No.422/2001. Since the matter requires reconsideration, I am inclined to dispose of the matter at the admission stage without notice to the other side. The tribunal has dismissed the application on the ground that no documents are produced to prove the accident. The tribunal cannot be found fault with for not allowing the claim petition on the basis of F.I.R. The learned counsel would contend that all other documents are available and if an opportunity is given, he shall produce the same before the court and satisfy the court about the accident. I am inclined to give an opportunity. 2. Therefore the award under challenge is set aside and the matter is remit back to the tribunal for fresh consideration by permitting all the parties to produce documentary as well as oral evidence in support of their respective contentions and dispose of the matter in accordance with law. Since I am disposing of the M.A.C.A.No. 2797/2008 -2- matter without notice to the other side, the appellant is directed to take out notice to all, after he enters appearance before the tribunal. Appellant is directed to appear before the tribunal on 6.1.2009. M.N. KRISHNAN,JUDGE vkm