IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 631 of 2006() ---------------------- OPMV.468/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ------------------------------------- ANOOP, S/O.BABY, AGED 27, POOMATTATHIL HOUSE, MUDAVOOR.P.O, MUVATTUPUZHA. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.TIGINS GEORGE RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. P.R.ANILKUMAR, POTTACKAL HOUSE, KARUKADAM.P.O, KOTHAMANGALAM. 2. SHANAVAZ, S/O.MYTHEEN, PUTHUSSERIKUDY HOUSE, KUTTAMANGALAM VILLAGE, PAINATTOMKARA. 3. THE NATIONAL INSURANCE CO. LTD., P.B.NO.24, MULLAPPILLY BUILDINGS, A.M.ROAD, PERUMBAVOOR. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 631 OF 2006 = = = = = = = = = = = = = = = Dated this the 10th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)468/02. The claimant was riding on a bike and it met with an accident with an auto rickshaw. The Tribunal dismissed the claim petition. 2. At the out set it has to be stated that the appellant should have examined himself or at least produced some witnesses to substantiate the case. He did not mount the box. The Tribunal also did not accept the charge sheet submitted by the police. Normally charges are filed after conducting due investigation. On mere conjectures and surmises the Court shall not reject it out right. Since the Tribunal was not satisfied it has to be stated that the claimant has to adduce evidence in support of the negligence. Therefore I set aside the award passed by the Tribunal and remit the case back to the Tribunal for fresh M.A.C.A. 631 OF 2006 -:2:- consideration after permitting all the parties to produce documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear before the Tribunal on 21.8.08. M.N. KRISHNAN, JUDGE. ul/-