IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 MACA.No. 923 of 2010() ------------------------------------- OPMV.2984/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ----------------------------------------- MITHUN M.CHAND, S/O. CHANDRAN, AGED 23 YEARS, RESIDING AT 22/218A, MAYUR, POST THIRUVANNUR NADA, PANNIYANKARA, KOZHIKODE. BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S): RESPONDENT ------------------------------------------------- 1. RENJITH, S/O. RAMACHANDRAN, 25/750, RAMANEEYAM, MAVANA PARAMBA, POST MANKAV, KOZHIKODE. 2. THE NEW INDIAN ASSURANCE COMPANY LTD., SILVER PLAZA, I.G.ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.923 OF 2010 ............................................. Dated this the 10th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2984/2005. The claimant therein was the pillion rider in a two wheeler driven by his father. It met with an accident when it collided with another Motor Vehicle (two wheeler) bearing Registration No.KL-11-U.5070. The father and the son both sustained injuries. Unfortunately, the insurance company had taken up a contention that the lorry bearing registration No.KL-11-V.5070 is not involved in the accident and therefore the claimants are not entitled to any compensation. Less said about the better because parties are not taking any interest properly in prosecuting the matter but justice cannot be defeated. The contention is that when two wheelers are collided, the Tribunal should have at least clarified what is the role of lorry in such cases. I feel the award has to be set aside and the matter has to go back. 2. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a : 2 : M.A.C.A.NO.923 OF 2010 direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The appellant/claimant on appearance is directed to take out notice to all the parties. He is directed to appear before the trial court on 17.9.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.923 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T