IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 882 of 2009() ------------------------------------ OPMV.1357/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ SATHYABHAMA V., W/O.BHASKARAN, VAIKADIMMAL HOUSE, PALATHU POST, KAKKODI, KOZHIKODE. BY ADVS. MR.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA MR.ARJUN SREEDHAR MR.ANEISH RAVINDRA RESPONDENT(S): ------------------------- 1. K.P.KADEEJA, W/O.ABDURAHIMAN, KARIMAYIL HOUSE, ELETTIL POST, KODUVALLY VIA., KOZHIKODE. 2. K.P.ABDULSALAM, S/O.ABOOBACKER, KARATTUPOYIL HOUSE, PUTHUPPADI, ADIVARAM. 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, TRIPURI BUILDINGS, EAST NADAKKAVU, KOZHIKODE. R3 BY ADV.MR.M.RAJAGOPALAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.882 OF 2009 ............................................. Dated this the 7th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode whereby the claim petition was dismissed on the ground of not proving the claim. Only the first information report, the wound certificate and the reference card were produced. At the time of hearing, the learned counsel for the appellant made available before me a copy of the wound certificate wherein the cause of injury is stated as on account of the collision between two buses. The learned counsel also made available before me for perusal a scene mahazer. According to the claimant, she was travelling in bus No.KED 9171 by name "Thozhilali". The scene mahazer very specifically gives the entire description of the bus and it was found lying on the road margin where the accident took place. There appears to be some truth in what the claimant says. But, the claimant is now running from pillar to post to get compensation on account of her own fault. I feel interest of justice requires an opportunity : 2 : M.A.C.A.NO.882 OF 2009 to be given. 2. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal and the claimant and all the parties are permitted to adduce both documentary as well as oral evidence in support of their respective contentions and then the Tribunal is directed to dispose of the matter in accordance with law. since the claimant has not produced the necessary documents for a proper disposal of the case, the question of awarding interest from a particular date be decided by the Tribunal after the parties let in evidence. The parties are directed to appear before the Tribunal on 24.11.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.882 OF 2009