IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 2484 of 2008(A) ------------------------------------- OP(MV).NO.385/2002 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT/ PETITIONER: -------------------------------------- UNNIKUTTAN, (MINOR), S/O.SANTHOSH KUMAR AND LATE LEKHA DEVI, REPRESENTED BY SANTHOSH KUMAR, SANTHOSH BHAVAN, VENGARA, THODIYOOR, KARUNAGAPPALLY. BY ADV. SRI.B.RADHAKRISHNA PILLAI, ADV. SMT.S.AMBIKA DEVI. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. A.SHAJIMON, ILLATHU PUTHEN VEEDU, ERUVA P.O., KAYAMKULAM, ALAPUZHA. 2. NATIONAL INSURANCE CO.LTD., KAYAMKULAM. 3. HOCHUMIN, S/O.THANKAPPAN, SUDARSANA MANDIRAM, THODIYOOR, KARUNAGAPPALLY. 4. THE ORIENTAL INSURANCE CO.LTD., KOLLAM. 5. AJAYAKUMAR, S/O.VISWANATHAN, ANEESH BHAVAN, SOUTH WEST MURI NORTH OF AVHS, THAZHAVA, KARUNAGAPPALLY. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.2484 OF 2008 ===================== Dated this the 17th day of November 2008 JUDGMENT This appeal is preferred against the award of the II Addl.Motor Accidents Claims Tribunal, Kollam in O.P.(MV)No.385 of 2002. The unfortunate appellant before me is a young child who was hardly 5 months old at the time of accident and who lost his mother in the accident and the husband lost the wife at the age of 23 years. The Tribunal has dismissed the case on the ground that there is no evidence to show about the involvement of the young child. The 5 month old baby was with the mother. At least there is a wound certificate though not a certified copy which would indicate that the boy had sustained abrasion on the right side of the forehead about 10 cm. above the eye brow. The boy might not have sustained very serious injuries, but unfortunately he had sustained injury. Therefore the matter requires consideration and if the Tribunal wants an authenticated copy of the wound certificate that can be produced by the claimant and the matter can be disposed of. For this purpose I do not want to call all the parties before this Court . MACA 2484/2008 -:2:- Therefore I set aside the award passed in O.P.(MV)No.385 of 2002 and the matter is remitted back to the Tribunal for fresh consideration. The appellant be permitted to produce an authenticated copy of the document to establish the involvement of the child and then the matter be considered sympathetically and disposed of by the Tribunal. Since I am told that there are connected appeals, the Registry is directed to return the certified copy of the documents produced by the appellant so that it can be made use of in other cases. The appellant is directed to take steps to issue notice to the respondents after he enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 18.12.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-