IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 MACA.No. 1887 of 2007(B) --------------------------------- OPMV.1889/2000 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV) : --------------------------------------------------- BALAKRISHNAN K., S/O. UNNI NAIR, AGED 37 YEARS, MEGHA, KOYADATHU PARAMBA, WEST HILL POST, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN THE OP(MV) : ----------------------------------------------------------- 1. V.K.KUNHAMMED, S/O. ALIKUTTY, PROPRIETOR, FILMORE AUTO FUELS, KUTTIADI POST, KOZHIKODE DISTRICT. 2. THE NEW INDIA ASSURANCE CO. LTD., SILVER PLAZA BUILDING, MAVOOR ORAD, KOZHIKODE. BY ADV. SRI.RENIL ANTO - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ------------------------------ M.A.C.A.No. 1887 of 2007 ------------------------------ Dated this the 14th day of August, 2008 JUDGMENT This appeal is preferred against the award of Motor Accidents Claims Tribunal, Kozhikode in O.P(M.V) No.1889 of 2000. The claimant was riding on a motor vehicle which met with an accident when there was a collision between the said bike and a lorry. The tribunal awarded a compensation of Rs. 6,000/- after finding that he has contributed to the accident. A perusal of the award would reveal that only the first information report is produced before the court. Neither the charge sheet nor the scene mahazar was produced. Being a case of collision between the two vehicles, the tribunal attributed contributory negligence. The learned counsel made a contention that in fact no counter evidence was adduced and it is Exhibit A1, that has to be perused. Exhibit A1 is only a registration of crime. Further investigation and preparation of mahazar etc. would have been there. The police should filed charge sheet or referred the case. The claimant should have produced those documents to satisfy M.A.C.A.No. 1887/ 2007 Page numbers the tribunal regarding his innocence and the negligence of the other. The counsel prays for remanding back to give evidence in support of the contention. I feel an opportunity can be given. Similarly, it is submitted that the injuries sustained are deep lacerated wounds and therefore the compensation awarded is not proper. If the claimant is prepared to give evidence before the court, I feel on that point also the claimant can be permitted to adduce evidence and then the tribunal shall decide the question on the materials available. Parties are directed to appear before the tribunal on 22/09/2008. M. N. KRISHNAN, JUDGE scm