IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 MACA.No. 2113 of 2007(A) ----------------------- OP(MV).686/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV) ----------------------------------------------------------- SAJILESH, S/O.LATE SAHADEVAN, AGE 21 YEARS, KARAKUNNUMMAL HOUSE, ALLY POST, KOZHIKODE. BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN THE OP(MV): ------------------------------------------------------------------- 1. SIDIQUE, S/O.KOYASSAN, KEELATH PALPARAMBIL HOUSE, ANAYAMKUNNU, MUKKAM POST, KOZHIKODE DISTRICT. 2. MOHAMMED, S/O.UNNIMOYI, VALLILASSERI, KUMARANALLOOR POST, MUKKAM, KOZHIKODE DISTRICT. 3. THE UNITED INDIA INSURANCE CO. LTD., CHEROOTY ROAD, KOZHIKODE. BY ADV. SMT.K.C.BEENA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ------------------------------ M.A.C.A. No.2113 of 2007 ------------------------------ Dated this the 17th day of September, 2008 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P(MV) No.686 of 1998. A minor boy aged 12 years sustained injuries in a road accident. On a perusal of the award would reveal that all sorts of confusion had developed and ultimately it has resulted in the dismissal of the case. In the claim petition filed, it is the duty of the claimant to establish whose vehicle is involved in the accident, who is the owner of the vehicle and with whom it is insured and that the claimant had sustained any injury in the road accident. unfortunately materials made available is not convenient so as to make the court to appreciate the case. But I feel in the nature of the pleadings and the confusion that would have arisen, it is desirable that the award is set aside and the matter is remitted back to the Tribunal for permit the claimant to produce documentary as well as oral evidence in support of the contentions so made. Also the Insurance Company be permitted to raise contentions each whereas, M.A.C.A. No.2113 / 2007 2 since notice to R1 and R2 dispensed with by this court, I feel it is not necessary to send fresh notice to them and also to the Tribunal. On appearance of the claimant, appellant and the Insurance Company, the appellant shall take steps to issue notice to respondents 1 and 2 in the claim petition as well and the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 3/11/2008. M.N. KRISHNAN, JUDGE scm