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. 935 of 2010() ---------------------- [ O.P(MV).NO.402/2007 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ] .................... APPELLANT/PETITIONER: ------------------------------------- RAMANI, AGED 45 YEARS, W/O. SETHUMADAVAN, POOKOTTU PARAMBA HOUSE, P.O. KOMMERI, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. C.K. ABOOBACKER, S/O. ABDURAHIMAN, NALLOLI POYIL HOUSE, PARANNUR, NARIKKUNI, KOZHIKODE. 2. LATHEESH KUMAR, AGED 27 YEARS, S/O. KRISHNANKUTTY NAIR, VELORATH HOUSE, VELLIYERITHAZHAM, NARIKKUNI.P.O, KOZHIKODE. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, SILVER PLAZA BUILDING, MAVOOR ROAD, KOZHIKODE - 673 004. R3 BY ADV. SRI.RENILANTO KANDAMKULATHY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.935 OF 2010 ............................................. 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.402/2007. The claimant while she was travelling as a pillion rider in a motor cycle, sustained injuries in a road accident when it was hit by a bus. She was treated in the Medical College Hospital. The Tribunal had dismissed the claim petition and it is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The Tribunal dismissed the claim petition on the ground that other than non-authenticated copy of the first information report, no document was produced to prove the negligence of the driver. The claimant should have been more vigilant. Now I find that along with the appeal, a copy of the charge sheet is filed, but the matter requires consideration. Therefore the award has to be set aside and sent back for reconsideration of the entire matter. 3. Therefore, the award under challenge is set aside : 2 : M.A.C.A.NO.935 OF 2010 and the matter is remitted back to the Tribunal with a direction to the claimant to produce documentary as well as oral evidence in support of her contention. The insurance company is also permitted to raise all the contentions, adduce evidence and thereafter the Tribunal shall consider and dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 18.9.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.935 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T