IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 MACA.No. 1630 of 2009() ---------------------------------- OPMV.2390/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): 2ND RESPONDENT ------------------------------------------------------ THE ORIENTAL INSURANCE COMPANY LIMITED, KOZHIKODE,NOW RESIDING BY ITS ASSISTANT MANAGER, REGIONAL OFFICE,METRO PALACE,KOCHI-18. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND 1ST RESPONDENT ------------------------------------------------------------------------------- 1. ANOOP.K.P.,S/O.KRISHNANKUTTY NAIR, "SUKRUTHAM",KEERAMPALLY PARAMBA, PANNIYANKARA P.O.,KOZHIKODE TALUK. 2. M.K.SHINOD,S/O.SUNDARAN, MANCHANDANKUZHI HOUSE, CHETTIKULAM P.O.,ELATHUR,CALICUT. R2 BY ADV. SRI.JOSE KURIAKOSE (VILANGATTIL) , SRI.JOSEPH A.VADAKKEL, SRI.GEORGE KARITHANAM VARGHESE, SRI.V.J.JOHN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDE RON IA. NO.1896/2009 IN MACA. NO.1630/2009 DISMISSED 04/10/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1630 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of October, 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) 2390/03. The claimant, alleged to be a pillion rider is said to have sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.22,000/- and directed the insurance company to pay the amount. The petition is filed u/s 166 of the M.V.Act. The Tribunal itself has stated that the petitioner should have entered into the box to explain the cause of accident. It further went on to hold that Ext.A1 is not sufficient to prove the occurrence as alleged. Again in paragraph 8 the Court would held that “I have already discussed that the case of the petitioner is doubtful that he was travelling as a pillion rider.” In spite of this doubtfulness the Tribunal was kind and considerate to M.A.C.A. 1630 OF 2009 -:2:- pay compensation in a S.166 case. This is absolutely erroneous which requires interference. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to direct the parties concerned to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since the claimant had not entered appearance before this Court the insurance company is directed to take out process to the parties for a proper disposal of the matter. Parties are directed to appear before the Tribunal on 8.11.2010. M.N. KRISHNAN, JUDGE.