IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MFA.No. 841 of 2002(B) -------------------------------- OP(MV)210/1995 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL. .... APPELLANT: CLAIMANT ------------------- PUTHUKKUDI KRISHNAN, S/O. RAMAN, RESIDING AT CHATTIOL, KUTTOOR, AMSOM AMD DESOM, P.O.OLAYAMBADI. BY ADV. SRI.SREEPRAKASH K.NAIR RESPONDENTS: RESPONDENTS ------------------------ 1. MANCHAPURA VALSAN, S/O. KUNHIRAMAN, PAYAM AMSOM, MEETHALA POONTHAD, IRITTY P.O., IRITTY, KANNUR DISTRICT. 2. THE MANAGING PARTNER, M/S. RAJESH TRANSPORT, KANNUR. 3. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., KANNUR. BY ADV. SRI.K.V.GOPINATHAN NAIR R2 SRI.P.MURALIDHARAN - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== M.F.A. No.841 OF 2002 & CMP No.5036/2002 ===================== Dated this the 19th day of June 2008 JUDGMENT It is seen from the delay condonation application that the first respondent has signed the notice. But when notice is sent in the appeal, it is returned unserved without any endorsement. Since I am inclined to remand the case I feel it is sufficient, if notice is again issued to the first respondent from the Tribunal by the claimant. 2. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV) No.210 of 1995, whereby the learned Tribunal dismissed the case for non-prosecution. It is averred that the appellant was laid up due to stomach pain and dysentery and that has made him absent from the court. I feel an opportunity can be given. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction that notice be issued to the first respondent afresh and the other parties are directed to appear before the Tribunal on 29.7.2008. Let the parties be given an opportunity to produce MFA 841/2002 -:2:- documentary as well as oral evidence. MFA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-