IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 MACA.No. 1285 of 2009(E) ----------------------- OPMV.1798/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN THE OP(MV) ----------------------------------------------------- PRAJOSH KUMAR, S/O.DASAN, AGED 33 YEARS, RESIDING AT PARUTHIPAL HOUSE, G.A.COLLEGE POST, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN THE OP(MV) ------------------------------------------------- 1. P.SUDHEER, S/O.CHANDRAN, AGED 37 YEARS, PARUTHIPPALA VEEDU, OLAVANNA AMSOM, IRINGALLOR DESOM, GURUVAYOORAPPAN COLLEGE (P), KOZHIKODE. 2. THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, WHITE LINES BUILDINGS, KALLAI ROAD, KOZHIKODE. ADV. SMT.T.C.SOWMIAVATHY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1285 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode against the dismissal of O.P.(MV)1798/04. The claimant, a pillion rider, sustained injuries in a road accident which according to him was on account of the application of sudden break. The Tribunal found that there was delay in lodging the FIR and non production of other documents relevant for consideration. One cannot blame the Tribunal when documents are not produced and marked and it is the paramount duty of the appellant to produce those documents and convince the conscience of the Court regarding the accident. The learned counsel would contend the wound certificate was produced but it was not marked. She prays for an opportunity. Considering the facts substantial justice has to be done in motor accident cases. So I am inclined to grant an opportunity. Therefore the award under challenge is set M.A.C.A. 1285 OF 2009 -:2:- 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 the Tribunal shall dispose of the matter in accordance with law. Since the vehicle involved is a two wheeler and the claimant is a pillion rider I direct the claimant to take out notice to the first respondent as well after entering appearance before the Tribunal for a proper disposal. Parties are directed to appear before the Tribunal on 23.4.2010. M.N. KRISHNAN, JUDGE. ul/-