IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 MACA.No. 2727 of 2009() ------------------------------------- OPMV NO.748/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR. ................... APPELLANT/ORIGINAL PETITIONER ----------------------------------------------------- KUMARAN, S/O.RAVEENDRAN, KALAVAMPARA HOUSE,NEDUVANNUR, CHOWARA, CHENGAMANADU.PO, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR), SRI.N.T. NANDAKUMARAN. RESPONDENTS/ORIGINAL 1ST, 2ND & 3RD RESPONDENTS -------------------------------------------------------------------------------------- 1. SANTHOSHKUMAR. M.G., S/O.GOVINDAN NAIR, MOOLANKUZHI HOUSE, THURUTHISSERY, MEIKKAD.P.O, NEDUMBASSERY VILLAGE, ALUVA TALUK, ERNAKULAM DIST. 2. SHAMDHAR. N.A, NADAKKAPARAMBIL HOUSE, SREEMOOLANAGARAM.PO, ERNAKULAM DISTRICT. 3. NEW INDIA ASSURANCE CO.LTD, BRANCH OFFICE, KODUVATH SHOPPING COMPLEX, SUB JAIL ROAD, ALUVA. PO, PIN-683 101. ERNAKULAM DISTRICT. R3 BY ADV. SRI.K.C.SANTHOSHKUMAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2727 OF 2009 ............................................. Dated this the 26th day of May, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.748/2006. The claimant is alleged to have sustained injuries in a road accident while a bicycle driven by him was hit on the back side of a Scorpio car. He had sustained fractures and was admitted in a hospital. But the court below dismissed the application on the ground that entire materials are not placed before the court to appreciate the matter. It appears that when he was admitted in the hospital, it was represented that the accident took place while the said person was travelling in a bike. 2. Learned counsel for the appellant showed me a copy of the FIR which is registered on the basis of a private complaint referred under Section 156(3) of the Criminal Procedure Code. There the mention is of a bicycle. Unfortunately, it is a case where the claimant did not produce those documents nor did tender any evidence when : 2 : M.A.C.A.NO.2727 OF 2009 there is a dispute regarding the cause of injury. The learned counsel would submit that if an opportunity is given, he shall produce the necessary documents and adduce evidence. I am inclined to grant an opportunity. 3. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with liberty to all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 03.07.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.2727 OF 2009