IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 MACA.No. 552 of 2009() --------------------------------- OPMV.1970/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): PETITIONER ------------------------ K.A.JOHN, AGED 31 YEARS, S/O.KALLUKARAN ANTONY, P.O.VALLACHIRA, THRISSUR DIST. BY ADV. MR.RAJESH CHAKYAT RESPONDENT(S): RESPONDENTS -------------------------- 1. M.K.RAMAN, MANGALATH HOUSE, P.O.THANISSERY, THRISSUR DISTRICT. 2. U.K.ANIL BABU, S/O.URAKATH KOCHU RAMAN, VELLANI DESOM, P.O.KARALAM, THRISSUR DISTRICT. 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO.LTD., VELLANIKKARAN BUILDING, P.O.IRINJALAKUDA. R3 BY ADV. MR.P.K.BABU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 552 OF 2009 = = = = = = = = = = = = = = = Dated this the 12th 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, Irinjalakuda in O.P.(MV)1970/04. It is an application filed by the claimant for compensation to the damages sustained to his vehicle in a road accident. A reading of the award would show that a total confusion has been created in the mind of the Tribunal which resulted in the dismissal of the claim petition. Actually the vehicle involved in the accident are a tempo van and a bus. Unfortunately the documents produced to start with are the documents relating to a motorcycle. There had been also difference in the registration number of the vehicle and so all these things made the Tribunal feel that all is not well with the case and therefore held against the claimant. Now the learned counsel would submit before me that he is having authenticated copies to establish regarding the accident and policy and he will be able to establish the negligence factor. M.A.C.A. 552 OF 2009 -:2:- So I am inclined to grant an opportunity but at the same time for the laches I leave it to the Tribunal to consider whether interest has to be awarded in case of an ultimate award during the period of latches. Therefore the award under challenge is set 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 dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 25.11.2009. M.N. KRISHNAN, JUDGE. ul/-