IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 MACA.No. 303 of 2009() ----------------------------------- OPMV.2334/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ V.T.ABDURAHIMAN, AGED 45 YEARS, S/O.AHAMED, VALIYATHOTTATHIL HOUSE, P.O.CHERUVANNUR, KOZHIKODE. BY ADVS.MR.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS -------------------------- 1. K.K.MAMU KOYA, S/O.MOHAMMED KUTTY, CHERUPATTAMMAL VEEDU, FEROKE AMSOM, KARUVANTHURUTHI P.O., KOZHIKODE. 2. V.O.ABDULLA, S/O.KUNHAHAMMED, VAZHAYIL UNNINI KADAVATHU HOUSE, MELATTUR P.O., MALAPPURAM DISTRICT. 3. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, PANDIKKADU ROAD, MANJERI. R3 BY ADV. MR.LAL GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 303 OF 2009 = = = = = = = = = = = = = = = Dated this the 12th day of October, 2009. 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)2334/01. The claimant is alleged to have sustained injuries in a road accident. According to him while he was travelling in a jeep the jeep driven by the driver of the respondent came from behind and hit on it resulting in injuries to him. The Tribunal dismissed the claim petition on the ground that in Ext.A1 the name of the complainant is shown as Basheer whereas name of the complainant is Abdul Rahiman. The Tribunal was also dissatisfied with the other documents produced. 2. Learned counsel for the appellant had given me photocopy of the documents for perusal. I find that immediately after the accident the present appellant, Abdul Rahiman had been taken to the Koya's Hospital at Farook. It is also seen that he had sustained an injury on the medial malleolus on 11.6.1996. He had filed a complaint before the M.A.C.A. 303 OF 2009 -:2:- police but it was handed over by one Basheer. Even in the First Information Statement the name of the complainant is shown as Abdul Rahiman and therefore I think the Tribunal has erred in holding that it is incorrect. Similarly the scene mahazar would show that the place of incident was as pointed out by the occurrence witness Mr.Basheer. I find the Tribunal did not have the opportunity to properly consider the materials before it and the complainant also should have gone to the box to explain these materials. Therefore in the interest of justice I am inclined to grant an opportunity to the claimant. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all the parties 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 25.11.2009. M.N. KRISHNAN, JUDGE. ul/-