IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 MACA.No. 1575 of 2009() ------------------------------ OPMV.17/2004 of PRL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV: ----------------------------------------------------------- SADASIVAN, S/O.BHASKARAN NAIR, THAZHEKUZHUMBATTIL HOUSE, KUNNAMANGALAM (MIE) KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): IN OPMV: ------------------------------------------ 1. P.K.VENUGOPALAN, S/O.KUNHIKRISHNAN, "USHA BHAVAN", MULLAKKODI POST, MAYYIL, THALIPARAMBA, KANNUR. 2. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE: NO.2, RAZ BUILDING, SOUTH BAZAR, KANNUR. R1 BY ADVS. SRI.P.R.SREEJITH, SRI.K.V.MANOJ KUMAR. R2 BY SRI.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1575 OF 2009 ............................................. Dated this the 10th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.17/2004. The claimant, a 45 year old man, sustained injuries in a road accident. The accident took place on account of the collision between the jeep and a bus. The Tribunal without any materials and also the claimant without producing any documents, a decision is arrived at by making both the drivers equally negligent. 2. Time and again this Court had the opportunity to commend upon the way in which the documents are not produced before the Court. To my utter dismay, again I find that after finding 50% negligent on both the parties, the Tribunal used some extraordinary jurisdiction and only deducted 10% from the compensation. These are all unknown to law. 3. Therefore the only course this Court can adopt is to set aside the award and remit the case back to the Tribunal with a direction to all concerned to produce documentary as : 2 : M.A.C.A.NO.1575 OF 2009 well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 17.9.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1575 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T