IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 MACA.No. 1031 of 2009() --------------------------------- OPMV.669/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP MV. -------------------------------------------- P.V. NAGARAJAN, S/O.NARAYANAKURUP, AGED 46 YEARS, VADAKKEMALADATHU HOUSE, KOOTTOOLI POST, KOZHIKODE. BY ADV. MR.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENT/RESPONDENTS IN OPMV. -------------------------- 1. A.V. SHIRAJ, S/O.SAHADEVAN KULAMPADUNNA HOUSE, MANKAVU POST, THALIKULANGARA, KOZHIKODE. 2. VINOD KUMAR K.T., S/O.VASU, 31/01, PARAPPUNILAM HOUSE, PERUVAYAL POST, KOZHIKODE. 3. UNITED INDIA INSURANCE CO. LTD, BRANCH OFFICE, THAMARASSERY. R1 BY ADV. MR.G.SREEKUMAR (CHELUR) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1031 OF 2009 ............................................. Dated this the 23rd 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 in OP(MV)No.669/2002. The claimant sustained injuries in a road accident but his claim was dismissed on the ground that no documents were produced nor any evidence tendered. 2. I cannot find fault with the Tribunal for doing the same because it has become the practice in Kozhikode Tribunal that some of the advocates never produce proper documents before the court. I think time has come for them to change it and a poor injured need not suffer and therefore I am inclined to grant an opportunity because the learned counsel for the appellant herein had shown me a relevant document which prima facie makes out a case for the client. 3. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for a fresh consideration by permitting all concerned to produce : 2 : documentary as well as oral evidence in support of their respective contentions. I also direct the claimant to take notice to R2 since he had not appeared before this Court. The court shall also consider the impleadment and amendment applications and pass appropriate orders. The parties are directed to appear before the court below on 1.12.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 :