IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 MACA.No. 2795 of 2008() ----------------------- OPMV.3642/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): -------------- DANTIES GEORGE, S/O.GEORGE 31 YEARS THADATHIL HOUSE, PERUVANNAMOOZHI POST, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): --------------- 1. C.P.ABDUL NAZAR, S/O.C.P.MOHAMMED, CHERUNGAL HOUSE, KAIPURAM POST, VIA. NADUVATTAM, PATTAMBI. 2. SHAJI, BALAN, 21 YEARS, CHAMPATHIP, THAZHA HOUSE, KIZHOOR POST, MELADY. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, UP HILL,MALAPPURAM. ADV. SRI.S.ARUN RAJ FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- M.A.C.A. NO. 2795 OF 2008 ------------------------------------------ Dated this the 1st day of October, 2009. JUDGMENT This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Kozhikkode in OP(MV) 3642 of 2001 the tribunal was pleased to dismiss the claim petition for want of evidence. The learned counsel for the appellant had made available for perusal a copy of the charge sheet. Unfortunately this document has not been produced before the tribunal nor any evidence tendered in that regard. I do not want to elaborate and in the interest of justice I give an opportunity to the claimant to produce sufficient documents and to adduce evidence. Therefore, the order under challenge is set aside and the matter is remitted back with the direction 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. Parties are directed to appear before the tribunal on 19.11.2009. M.N.KRISHNAN, JUDGE pm