IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 MACA.No. 3158 of 2009() ----------------------- OPMV.2170/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT :- ------------------------------------ P. ISMAIL, S/O. KUNHAHAMMED, AGED 46, PALORA HOUSE, FATHIMA COTTAGE, VALIYAKAD PARAMBU, ARAKKINAR POST, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S)/RESPONDENT(S) :- -------------------------------------------------- 1. K. SADANANDAN, S/O. KUTTAN NAIR, KALATHIL HOUSE, ERANNIKKAL POST, POOLADIKUNNU, KOZHIKODE. 2. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE II. P.B. NO. 811, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R2 BY ADV.MR.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No.3158 of 2009 --------------------------------- Dated this the 30th day of March 2010 J U D G M E N T This is an appeal preferred against the award of the Prl. Motor Accidents Claims Tribunal, Kozhikode in O.P. (MV) No.2170/2002. It is the case of the claimant that while he was pulling a trolley, an autorikshaw came and dashed against him and resulting in injuries to him. The Tribunal rejected the application on the ground that the vehicle involved as per the F.I.R. is KL 11 J 6188 where as the vehicle that is insured with the Insurance Company is KL 11 B 9897 or in otherwords there is a change of vehicle. The learned counsel for the appellant would content before me that the number shown in the First Information Report is incorrect and the police after due investigation had shown the correct number in the charge sheet and that the said vehicle is insured with the insurance company. Unfortunately, the charge sheet is not produced before the M.A.C.A. No.3158 of 2009 -2- Tribunal. There was a duty cast upon the claimant to prove the mistake in order to entitle him to get compensation. But now the learned counsel for the appellant made available before me for perusal a copy of the charge sheet. Therefore I feel an opportunity can be given. 2. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit both parties to adduce both the documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. I also direct the claimant to implead the driver of the autorikshaw as a necessary party for a proper disposal of the case. Parties are directed to appear before the Tribunal on 28.04.2010. M.N.KRISHNAN, JUDGE Jvt