IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 MACA.No. 348 of 2009() ----------------------------------- OP(MV) NO.1551/2004 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .......... APPELLANT(S): PETITIONER: -------------------------------------------- KHADEEJA, AGED 55 YEARS, W/O.USSAIN, PUNNATTIL HOUSE, ELAMARAM P.O., CHERUVANNUR, VAZHAKKAD. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. ABDUL JABBAR, AGED 40 YEARS, FATHER'S NAME NOT KNOWN, KUNNUMMAL HOUSE, UNNIKULAM, KOZHIKODE. 2. MUHAMMED ASHRAF, AGED 29 YEARS, S/O.AHAMMADKUTTY, EDAKANDY HOUSE, MAVOOR P.O., KOZHIKODE. 3. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. R3 BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 348 OF 2009 = = = = = = = = = = = = = = = Dated this the 21st day of July, 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)1551/04. The claimant is alleged to have sustained injuries in a road accident when a two wheeler hit on her resulting in injuries to her. The First Information report and the scene mahazar were produced before Court. It is seen that the claimant a 50 year old lady had sustained fracture on the leg. The Tribunal felt that the claimant did not produce sufficient materials to prove negligence as well as other aspects. It also highlighted the delay of six days in filing the first information report. The Tribunal is totally silent about the scene mahazar and other documents. It is true that when an application is filed u/s 166 of the M.V.Act there is a duty cast upon the claimant to prove before Court regarding the negligence of the rider as well as her entitlement to get compensation. I feel an opportunity has to be given to M.A.C.A. 348 OF 2009 -:2:- adduce materials before Court regarding that aspect. Therefore the award under challenge is set aside and 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 the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 3.9.2010. M.N. KRISHNAN, JUDGE. ul/-