IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 MACA.No. 1034 of 2009() ----------------------- OPMV.1647/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- SANEESH P.S, S/O.SARASAN, PONNAMMATHARA HOUSE, CHALAKUDY P.O., KOODAPUZHA, THRISSUR DISTRICT. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): --------------- 1. ABDUL RAZAK, S/O.ALI, PALLIPARAMBIL HOUSE, OTHAI DESOM, EDAVANNA VILLAGE, MALAPPURAM DISTRICT (DRIVER). 2. K.C.SIDDIQUE, S/O.ABDULLAKUTTY, KAPPACHALIL HOUSE, MAMPAD P.O., MALAPPURAM DISTRICT ( OWNER). 3. THE NEW INDIA ASSURANCE COMPANY LTD, BRANCH OFFICE, MANJERI P.O., MALAPPURAM DISTRICT. ADV. SRI.P.G.GANAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1034 OF 2009 ............................................. Dated this the 1st day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Irinjalakuda in OP(MV)No.1647/2003. An auto rickshaw owned by the claimant met with an accident on account of a collision between the auto rickshaw and a jeep. The auto rickshaw sustained damages. The claimant has moved the Tribunal for claiming damages. The Tribunal has dismissed the application stating that the owner has not proved the ownership. 2. I am afraid that such a question really does not arise for the reason that there is no dispute regarding the ownership of the vehicle. But, materials are lacking to fix the damages as well. Anyhow, in order to satisfy the conscience of the Tribunal, let original of the RC Book be produced and an opportunity be given to both sides to adduce evidence in support of the claim for damages. They may be permitted to adduce oral and documentary evidence in support of their respective contentions and the matter be disposed of in : 2 : M.A.C.A.No.1034 OF 2009 accordance with law. Therefore the award under challenge is set aside and the mater is remitted back to the Tribunal with the above said directions. The parties are directed to appear before the Tribunal on 07.01.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.1034 OF 2009