IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 MACA.No. 1710 of 2004(D) ------------------------------- OPMV.1446/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ----------------------------------- SASIDHARAN NAIR, S/O. KRISHNAN NAIR, AGED 43, RESIDING AT AADAMBILLY HOUSE, PULICKATHOTTY P.O., VANNAPPURAM VILLAGE. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENTS: RESPONDENTS: ------------------------------------- 1. JOY JOSEPH, PADINAREVEETTIL HOUSE, KOOTHARAPPALLY P.O., KARUKACHAL, CHANGANASSERY, KOTTAYAM. 2. PRINCE, S/O. MADHAVAN, KOCHUMALAYIL VEEDU, VANNAPURAM. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MUNICIPAL COMPLEX, MUVATTUPUZHA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1710 OF 2004 = = = = = = = = = = = = = = = Dated this the 26th day of August, 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) 1446/99. It was an application filed for personal injuries and damages sustained to a jeep in a road accident. Learned counsel would submit that she is mainly pressing on the question of damages to the jeep. The Tribunal has assessed the damages and arrived at a figure of Rs.21,300/- but disallowed that claim on the ground that the ownership has not been proved. A perusal of the award would reveal that the Tribunal has referred to Ext.A9. Unfortunately, there is no such document marked in the case. It is a charge sheet wherein the name of the registered owner is shown as one Kuriakose. If the Tribunal had entertained any doubt regarding the ownership especially in the back drop when there was no serious dispute regarding the ownership of the jeep involved in the accident the Tribunal could have directed M.A.C.A. 1710 OF 2004 -:2:- the claimant to produce acceptable evidence to prove the same and relying on a document which is not marked, should not have non-suited the claimant on that basis. Therefore interest of justice requires an opportunity to be given to the claimant to establish that factor. Therefore the award under challenge is set aside so far as it relates to the dis-allowance of the claim for damages sustained to the jeep and the appellant herein is permitted to adduce both documentary as well as oral evidence in support of his contentions that he was the owner in possession of the vehicle at the time of the accident as contemplated under S.2(30) of the M.V.Act or the registered owner of the vehicle, as the case may be, and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 17.10.08. M.N. KRISHNAN, JUDGE. ul/-