IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 MACA.No. 2827 of 2009() ----------------------- OPMV.1898/2000 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: --------------------------------------------- MARIYAMBI, AGED 67 YEARS, W/O.ABOOBACKER, P.K.HOUSE, THULAMATTAM PARAMBIL, MATHOTTAM, P.O.ARAKINAR, KOZHIKODE. BY ADVS. MR.P.V.KUNHIKRISHNAN, MR.HANSON.P.MATHEW. RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. MANAGING PARTNER, KERALA ROAD LINES, YMCA ROAD, CALICUT. 2. NEW INDIA ASSURANCE CO.LTD, TRIPURI BUILDING,EAST NADAKKAVU, KOZHIKODE. 3. M.P.SHAREEF, S/O.AHAMMEDKUTTY,MANGATTU PULATHIL HOUSE, EDAVANNA PO, MALAPPURAM DISTRICT. 4. UNITED INDIA INSURANCE CO.LTD DIVISIONAL OFFICE, KALLAI ROAD, KOZHIKODE. R2 BY ADV. MR.M.RAJAGOPALAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2827 OF 2009 = = = = = = = = = = = = = = = Dated this the 21th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1898/00. The claimant, a passenger in a bus sustained injuries in a road accident and the Tribunal was not satisfied with the proof regarding the injury and the treatment and therefore dismissed the case. I feel that the Tribunal should have approached the matter in a better way so as to see that justice is done to the party. But anyhow I feel that the matter requires reconsideration at the hands of the Tribunal and therefore the award under challenge is set aside and the matter is remitted back to the Tribunal by directing the Tribunal to permit the appellant and respondents in this case to produce both documentary as well as oral evidence in support of their respective contentions, then dispose of the matter in accordance with law. However I make it very clear that the claimant will not be entitled to any interest for the M.A.C.A. 2827 OF 2009 -:2:- period between 7-8-2007 and 11.11.09 because the delay is occasioned on account of his laches. Parties are directed to appear before the Tribunal on 25.2.2010. M.N. KRISHNAN, JUDGE. ul/-