IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 MACA.No. 1177 of 2010(C) ------------------------------ OPMV..451/2005 of THE PRL. M.A.C.T.,KOZHIKODE .................... APPELLANT(S)/ PETITIONER: ---------------------------------- GANGADHARAN K., MANJU NIVAS, POONTHURUTHI PARAMBA, KALANDITHAZHAM, CHELAVOOR POST, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA RESPONDENT(S)/RESPONDENTS: ------------------------------------------ 1. K.P.ANIL KUMAR, S/O. GANGADHARAN, KOLLANPOYIL HOUSE, PADINHATUMURI, KAKKODI, KOZHIKODE. 2. NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING, I.G.ROAD, MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1177 OF 2010 = = = = = = = = = = = = = = = Dated this the 7th day of July, 2010. 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)451/05. The claimant therein is the owner of a motor bike which got involved in an accident when there was a collision between the same and a jeep. Learned counsel for the appellant had brought to my notice an award passed by the very same Tribunal on 29th October, 2009 whereby the Tribunal in the connected case O.P.(MV) 18/05 had found that the accident had taken place on account of the negligence of the jeep driver. This case was disposed of on 23.10.09 wherein the Court find that there is no evidence to prove negligence and therefore dismissed the case. This cannot go together. The Tribunal has to reconsider the matter again and therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to consider the case afresh after affording equal opportunities to all concerned to M.A.C.A. 1177 OF 2010 -:2:- produce documentary as well as oral evidence in support of their respective contentions. The appellant is directed to take out notice to other parties after he enters appearance before the Tribunal. The Appellant is directed to appear before the Tribunal on 12.8.2010. M.N. KRISHNAN, JUDGE. ul/-