IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 MACA.No. 385 of 2009(A) -------------------------- OPMV.1253/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT(S)/ PETITIONER : ------------------------------------- P.G. BABU, AGED 57 YEARS, S/O. GOPALAN, PUTHENPARAMBIL HOUSE, MAKKUNI, MANNAM P.O., PARAVUR TALUK. BY ADV. SRI.P.K.SAJEEV SRI.JOY. K.N. RESPONDENT(S)/RESPONDENTS : --------------------------------------- 1. V.B. SURESH, VELLAMANOOR HOUSE, KATHIKODAM, KORATTY. 2. SATHEESAN, S/O. KUMARAN, PUTHENPARAMBIL, MANJALY, NORTH PARAVUR, 3. NATIONAL INSURANCE COMPANY, PALARIVATTOM BRACH, PALARIVATTOM, KOCHI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 385 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV) 1253/03. The claimant, a responsible police constable, sustained injuries in a road accident but did not produce any proper document before the Tribunal which resulted in dismissal of the case. Along with the memorandum of appeal an outpatient ticket is produced that too a photocopy to connect the fact that he had sustained injuries in the accident. Learned counsel for the appellant would submit that his name is made mention of in the FIR and charge sheet and so it is not a false case. I do not want to say anything about non production of material documents at this stage but there appears to be some truth in what the claimant's counsel submit and therefore interest of justice requires an opportunity to be given to substantiate the case. Therefore the award under challenge is set aside and the M.A.C.A. 385 OF 2009 -:2:- matter is remitted back to the Tribunal with a direction to permit the claimant to produce necessary documents in support of his contentions and adduce oral evidence if necessary and then the Tribunal shall dispose of the matter in accordance with law. The claimant is also directed to take out notice to the respondents after he enters appearance before the Tribunal. The claimant is directed to appear before the Tribunal on 21.1.2010. M.N. KRISHNAN, JUDGE. ul/-