IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 MACA.No. 1220 of 2006() ----------------------- (OPMV 2162/97 OF THE 1ST ADDL. MACT, KOZHIKODE) APPELLANT/PETITIONER IN OP(MV) 2162/97: ------------------------------------------------ FAZILAH C.H., AGED 17 YARS, REP. BY FATHER KHALID, CHALILAKATH,S/O.ABURAHIMAN, N.K.ROAD, TIRURANGADI (DATE OF BIRTH 05-08-1988). BY ADV. SRI.GEORGE KARITHANAM VARGHESE RESPONDENTS: RESPONDENTS IN OP(MV) 2162/97: ---------------------------------------------------------- 1. ABDUL GHAFAR E.P., AGED 22 YEARS, S/O. ABURAHIMAN, EKAMAPARAMBU, CHOORAKUDI HOUSE, THIRUVALOOR P.O., CALICUT-29 (DRIVER). 2. MRS. SUHARABI, MUSLTHAM VEEDU, IDIYANGARA ROAD, KOZHIKODE, OWNER KL-11/D-3368 AUTORICKSHAW. 3. M/S. NATIONAL INSURANCE COMPANY, P.B.NO.11, NOOR COMPLEX, MAVOOR ROAD, CALICUT-4. BY ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1220 OF 2006 --------------------- Dated this the 24th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Ist Addl. Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 2162/97. The Tribunal rejected the claim application on the ground that no evidence had been adduced to prove the accident. Tribunal observed that even the first information report is not filed. It is the prima facie duty of the claimant to establish that she was involved in an accident which resulted in sustainment of injuries to her and therefore, she is entitled to compensation. First part of the responsibility remains unproved. 2. Learned counsel for the appellant submits before me that if an opportunity is given, she will be able to produce sufficient documents to establish the factum of accident as well as her entitlement for compensation. I do not want to deprive her, if the claimant is really entitled to it. Therefore, I am inclined to give an opportunity to the claimant to prove her case. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The MACA No.1220/06 2 Tribunal is directed to permit all parties to adduce documentary as well as oral evidence in support of their respective contentions. Since the respondents have not entered appearance in the appeal, I direct the appellant herein to take out notice to the respondents on her appearance before the Tribunal. Appellant is directed to appear before the Tribunal on 1.9.08. M.N.KRISHNAN, JUDGE vps MACA No.1220/06 3