IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 MACA.No. 815 of 2003(S) ----------------------- OPMV.1008/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: -------------------------------------- SHAJ LAKSHMAN, S/O. LAKSHMANAN, AGED 31 YEARS, T.V.MECHANIC, RESIDING AT `THUSHARA, KEEZHATHOOR DESOM, PATHIRIYAD AMSOM, P.O.PATHIRIYAD, THALASSERY TALUK, KANNUR DIST. NOW AT MUSCAT. BY ADV. SMT.VIDHYA. A.C RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. E.PADMANABHAN NAIR, `PADMA', P.O.MAKRERI, VIA. MUNDALORE, KANNUR TALUK, KANNUR DISTRICT. 2. MATHEW JOHN, S/O. JOHN, AMBAKKAT HOUSE, P.O.THUNDIYIL, THALASSERY TALUK, KANNUR DISTRICT. 3. THE NEW INDIA ASSURANCE CO. LTD., REP. BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KANNUR. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 815 OF 2003 --------------------- Dated this the 12th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thalasserry, in OP(MV) 1008/97. The appellant sustained injuries in a road accident as a result of which it is submitted that his vehicle was damaged and he had sustained various injuries on different parts of the body. The Tribunal disallowed the claim for damages on the ground the ownership of the vehicle has not been proved. The Tribunal had awarded a compensation of Rs.6,700/-. It is against that decision the claimant has come up in appeal. 2. Since the accident and policy is admitted, I dispense with notice to the 1st respondent. Learned counsel for the appellant had made available before me a true extract of the photocopy of the registration certificate with respect to the vehicle. The Tribunal disallowed the damages on the ground of not proving the ownership. It is submitted that if an opportunity is given to the appellant, he shall produce the document and substantiate the claim for damages. So far as the injury compensation is concerned, it is stated that the MACA No.815/03 2 Tribunal has not taken into consideration the entire materials available before it. I feel, as I am giving an opportunity to the appellant with respect to the claim for damages, this can also be looked into by the Tribunal. Therefore, the MACA is allowed and the award passed by the Tribunal is set aside and the matter is remitted back to the Tribunal for fresh consideration on the question of damages of the vehicle as well as the personal injury. The appellant shall be given an opportunity to produce the oral and documentary evidence in support of his contentions. Needless to say, the contesting respondents are also at liberty to produce evidence. Thereafter the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 24.7.08. M.N.KRISHNAN, JUDGE vps MACA No.815/03 3