IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 MACA.No. 2656 of 2010() ----------------------- OPMV.1199/2005 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S)/PETITIONER ----------------------------------------- SELVAM, S/O. SEBASTAIAN AGED 38 YEARS PALLIPARAMBU VEEDU, WARD NO.12, PUNNAPPRA SOUTH PANCHAYATH, ALAPPUZHA. BY ADV. SMT.M.P.SUNITHA BEEGUM RESPONDENT(S)/RESPONDENTS ----------------------------------------------- 1. NIYAS.K.H., S/O. HAMEED, KOYIKALAKADA, WARD NO.5 PUNNAPPRA.P.O., ALAPPUZHA-688004. 2. RAJKUMAR, KARUKAYIL PATHIRAPPALLY.P.O. ALAPPUZHA-688521. 3. THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD. P.B.NO.74, ALAPPUZHA-688001. POLICY NO. 760705/31/04/00587. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb MACA.No. 2656 of 2010 JUDGMENT When this case was taken up for consideration yesterday, there was no representation. Therefore, the case was adjourned. Today also there is no representation for the appellant. Therefore, the appeal is dismissed for non- prosecution. Sd/- A.K.BASHEER, JUDGE Sd/- P.Q.BARKATH ALI, JUDGE 13.01.2011 //True Copy// P.A to Judge A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------- M.A.C.A. No.2656 of 2010 ------------------------------------------- Dated this the 14th day of June, 2011 JUDGMENT A.K.Basheer, J. The appellant had allegedly sustained certain injuries in a road traffic accident. According to the appellant he was knocked down by a Goods Autorikshaw bearing Registration No.KL-4 B 9173 while he was walking on the western side of Alappuzha- Punnamada road on May 24, 2005. He was treated as an inpatient in the Medical College Hospital, Alappuzha from 24th to 28th of May, 2005. He claimed compensation from the owner, driver and insurer of the vehicle. However, the Motor Accidents Claims Tribunal dismissed the claim petition holding that the appellant had not adduced satisfactory evidence to show that the accident had occurred due to the negligence of respondent no.1/driver. The Tribunal noticed that the appellant had not bothered to adduce any oral evidence though he had produced Exhibits A1 to A7 in addition to Exhibit X1 certificate of the Medical Board. 2. The specific case of the appellant is that he was denied sufficient opportunity to adduce evidence in the case. It is M.A.C.A. No.2656 of 2010 2 submitted by the learned counsel that the appellant would have been able to adduce further evidence, if only he had been given an opportunity. 3. We have carefully perused the lower court records which were called for by us to see whether there is any merit in the above contention raised by the appellant. Exhibit A2 discharge card and Exhibit X1 disability certificate will show that the appellant had sustained some grievous injuries in the accident. 4. It is true that the appellant had not bothered to adduce any oral evidence in the case. Though we are not totally impressed with the contention raised by the learned counsel that the Tribunal did not give sufficient opportunity to the appellant to establish his case, in the peculiar facts and circumstances of the case, particularly keeping in view Exhibits A2 and X1 and other documents produced by the appellant before the Tribunal, we are satisfied that the appellant can be given further opportunity to adduce evidence on condition that he pays a sum of Rs.7,500/- as cost to respondent no.3/Insurance Company. The cost shall be deposited by the appellant before the Tribunal within one month from today failing which the appeal will stand dismissed. M.A.C.A. No.2656 of 2010 3 5. The Tribunal shall ensure that the case is disposed of as expeditiously as possible, at any rate, on or before October 31, 2011. Appellant and respondent no.3/Insurance Company shall appear before the Tribunal on July 18, 2011. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc