IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 MFA.No. 485 of 2003(F) ---------------------- OPMV.1484/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: PETITIONER ------------- SIBY JOSEPH, AGED 29 YEARS, SON OF JOSEPH, ADICHILIL HOUSE, MUTTINAKAM, VARAPUZHA. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.NITHYA.K. RESPONDENTS: RESPONDENTS ------------------ 1. A.A.JOSEPH, AVITAMPILLY HOUSE, EDAYAKKUNNAM, CHERANALLORE VILLAGE. 2. THE ORIENTAL INSURANCE CO. LTD., EDAPALLY, COCHIN-24 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- M.F.A.No.485 of 2003 ------------------------------- Dated this the 30th May, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam, in O.P (MV) No.1484/1996, whereby, the Tribunal dismissed the claim application, holding that the claimant did not adduce any evidence. The Tribunal also held that being a matter of 1996, it cannot be further adjourned, and dismissed the claim application, for want of evidence. There may be cases where evidence has to be let in to satisfy the conscience of the court regarding the accident, the nature of injuries, as well as the disability, if any, etc. In such cases, the claimants cannot take a stand that they will not come to the Tribunal and if the Tribunal wants to decide the issue, it must suo-motu call for the records, and decide the case. Such an approach is regrettable and cannot be accepted. But the conduct of the claimant shall not deter the Court from giving him an opportunity to prove his case. Therefore, I am inclined to grant one more chance to the appellant to prove the case before the court. Therefore, the award under challenge is set aside, and the case is remanded back to MFA.No.485/2003 2 the Tribunal with a specific direction to permit the claimant herein to adduce documentary as well as oral evidence in support of his contention, and for full co-operation with the Tribunal for a proper disposal of the case. Parties are directed to appear before the court below on 10.7.2008. M.N.KRISHNAN, JUDGE nj. M.N.KRISHNAN, J. ------------------------------- M.F.A.No.485 of 2003 J U D G M E N T Dated: 30th May, 2008. -------------------------------