IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 MACA.No. 2769 of 2008() ----------------------------------- OPMV.2696/2003 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------ K. JAFAR, AGED 25 YEARS, SON OF VEERANKUTTY CHIRAKKAL HOUSE, P.O.PALLIKKAL, MALAPPURAM DISTRICT,NOW RESIDING AT VARADAKKIL HOUSE, P.O.KARUVANTHURUTHI, VIA FEROKE, KOZHIKODE. BY ADV. MR.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. SRI.U. MUHAMMED ALI, CHOONAKKAL HOUSE, P.O.PALLIKKAL, VIA CHELEMBRA, MALAPPURAM DISTRICT. 2. THE NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, NOOR COMPLEX, ARAYADATHUPALAM, MAVOOR ROAD, KOZHIKODE. R2 BY MR.MATHEWS JACOB, SENIOR ADVOCATE, ADV. MR.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2769 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2696/03. The claimant is alleged to have sustained injuries in a road accident and the Tribunal dismissed the claim holding that things are not proved. The learned counsel had made available before me a copy of the wound certificate and certain other documents and requested the Court to give an opportunity to prove the case. It is true that there is some delay in even issuance of wound certificate and filing of the case. These are all matters which can be considered by the Court. If the claimant is able to satisfy the conscience of the Court regarding the genuineness of the case, the Court can act upon it and direct the parties to adduce oral evidence as well. Unfortunately the claimant has not impleaded the driver. The Hon'ble Supreme Court has held that when a case is filed u/s 166 of the M.V.Act it is always necessary to M.A.C.A. 2769 OF 2008 -:2:- implead the driver unless it is admitted that the negligence is on the part of the driver. Therefore the claimant may be permitted to implead the the driver as well. 2. In the result the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the claimant to implead the driver, then produce documentary as well as oral evidence in support of the contentions. Needless to say the insurance company is also permitted to produce documents in support of its contentions and let the matter be disposed of in accordance with law. Parties are directed to appear before the Court below on 23.11.2009. M.N. KRISHNAN, JUDGE. ul/-