IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 MFA.No. 1070 of 2001(B) ----------------------------------- O.P(MV).NO.375/1994 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA. .................... APPELLANT/ PETITIONER: -------------------------------------- P.E. JOSEPH, AGED 58 YEARS, S/O. ESTHAPPAN, NUCHIAD POST, PUDUSSERIL HOUSE, ULIKKAL, IRITTY, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. ABDUL JALEEL, AGED 30 YEARS, S/O. KUNHUMOHAMMED, MANTHIKKARA HOUSE, THETTEMALA POST, WAYANAD DT. (DRIVER OF THE VEHICLE NO. KL-11/B 3870 AUTORIKSHAW). 2. K. SULAIMAN, AGED NOT KNOWN, S/O. IBRAHIM, KALATHIL HOUSE, VALLAMUNDA POST, MANANTHAVADY TALUK, WAYANAD DT. 3. UNITED INDIA INSURANCE CO., CALICUT, (POLICY NO. 100300/31/60/11/93/10704. 4. K. MOHANDAS, KALARIKKAL HOUSE, NADUVATTOOR POST, KOZHIKODE DT. BY ADV. SRI.V.V.SURENDRAN - R2, SMT.SANIKA.V.S. - R2, SMT.P.A.REZIYA - R3, SRI.JOSICHAN KORAH JOSE - R1. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 1070 OF 2001 = = = = = = = = = = = = = = = Dated this the 26th day of May 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in OP(MV) 375/94 whereby the claim has been dismissed by the Tribunal. The Claims Tribunal dismissed the case for want of evidence. From the documents produced, namely, Exts.A1 to A3 there is definite indications to show that the claimant had sustained injuries in a road traffic accident. The Court below found that there is nothing to connect the injury with the road traffic accident and therefore dismissed the claim. It is submitted that if an opportunity is given evidence can be adduced. It can also be seen that no oral evidence has been adduced in this case. It is desirable that the matter is not dismissed on technical ground. Therefore I am inclined to grant an opportunity. Therefore the award under challenge is set aside, the matter is remitted back to the Tribunal for fresh MFA 1070 2001 -2- consideration after giving an opportunity to the claimant therein to adduce evidence in support of his respective contentions raised in the claim petition. If the respondents propose to adduce evidence that also has to be permitted. Parties are directed to appear before the Court below on 3.7.2008. M.N. KRISHNAN, JUDGE. ul/- MFA 1070 2001 -3- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 1070 OF 2001 = = = = = = = = = = = J U D G M E N T 26th May, 2008.