IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 MACA.No. 142 of 2010() ---------------------- OPMV.1814/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): 3RD RESPONDENT: ------------------------------------------------------ THE ORIENTAL INSURANCE CO.LTD., VADAKARA, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT: ----------------------------------------------- 1. SHIJU, S/O.SUKUMARAN, KANHOTTUKANDY HOUSE, KAKKODY POST, KOZHIKODE DT. 2. SREEJITH, KANHOTTUKANDY HOUSE, KAKKODY POST, KOZHIKODE DT. 3. SHAIJU, KANHOTTUKANDY HOUSE, KAKKODY POST, KOZHIKODE DT. R1 & R2 BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH, SMT.LEELA R. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. ----------------------------------------- M.A.C.A NO. 142 OF 2010 ---------------------------------------- Dated this the 27th day of September, 2010. JUDGMENT This is an appeal preferred against award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) No.1814 of 2006. The claimant a pillion rider sustained injuries in a road accident. The Tribunal found the rider guilty and directed to pay an amount of Rs.23,452/-. It is against that decision, the Insurance Company has come up appeal. 2. Heard the learned counsel appearing for the appellant. The contention of the appellant as revealed from the written statement is that he has set up a case of self accident. It is also submitted that the first information statement has been lodged only 42 days after the accident. It is also contended that it was not lodged because it is not the true state of affair. The Insurance Company contends that the claimant, the rider and the owner are brothers and they have manipulated the case and claimed compensation. The delay in lodging of FIR is certainly to be taken seriously. No evidence is let in this matter. Therefore, I find matter requires reconsideration and, therefore, the award is set aside and matter is remitted back to the Tribunal with a M.A.C.A NO. 142 OF 2010 2 direction to permit the parties to adduce documentary as well as oral evidence in support of their respective contentions and then the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 11.10.2010 and Insurance Company is directed to take out notice for all for a proper disposal of the matter. M.N.KRISHNAN, JUDGE. mns