IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 MACA.No. 785 of 2009() ---------------------- OPMV.1420/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: --------------------------------------- BABY, S/O.KUNJAPPAN, KAYYALAKUDY HOUSE, KOZHIPPILLY KARA, VARAPETTY, KOTHAMANGALAM. BY ADVS. MR.C.DILIP, MR.VINOD RAVINDRANATH. RESPONDENT(S): RESPONDENTS: -------------------------------------------------------- 1. SHAJI, S/O.MOHAMMED, KULUMARY HOUSE, PERUMATTOM KARA, VELLOORKUNNAM, MUVATTUPUZHA. 2. NIYAS, S/O.ABOOBACKER, CHEMMAYATH HOUSE, PALLARIMANGALAM KARA, POTHANIKKAD,KOTHAMANGALAM. 3. THE BRANCH MANAGER, THE NATIONAL INSURANCE COMPANY LTD, PERUMBAVOOR. R3 BY ADV. MR.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.987/2009 IN MACA.NO.785/2009 CLOSED 15/12/2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.785 OF 2009 ............................................. Dated this the 15th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Muvattupuzha in OP(MV)No.1420/2004. The claimant did not get ready with the matter nor did tender any evidence and therefore the Tribunal was forced to dismiss the application. 2. Now it is submitted that there was no negligence of intentional act to avert the court and therefore, an opportunity may be given. 3. Considering the said submission, I am inclined to grant an opportunity. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The appellant and the insurance company are directed to appear before the Tribunal on : 2 : 21.1.2010 and the claimant is further directed to take out notice to R1 and R2 in the claim petition after he enters appearance for a proper disposal of the case. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl