IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 MACA.No. 3018 of 2008() ---------------------------------- OPMV.3707/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ------------------------ RAVI, S/O. SANKARAN NARAYANAN, AGED 32 YEARS, PATTOMTHODI HOUSE, P.O. PULAYANTHOL, VIA PALOOR, MALAPPURAM DISTRICT. BY ADVS. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN O.P.(MV) -------------------------- 1. K. MOHAMMED SALIM, S/O. ABOOBACKER, CHEMMALA HOUSE, KATTUPPARA, P.O. PULAMANTHOLE, MALAPPURAM DISTRICT (OWNER K1-10/C-6532 AUTO RICKSHAW) 2. BHASKARAN, S/O. KUNHAN, AGED 32 YEARS, PUTHUSSERY PARAMBIL HOUSE, PALAZHI, CALICUT (DRIVER KI-10/C 6532 AUTO RICKSHAW) 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, PEECHI COMPLEX, PERINTHALMANNA, (INSURER K1-10/C 6532 AUTO RICKSHAW) R3 BY ADV. SMT.S.JAYASREE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3018 OF 2008 = = = = = = = = = = = = = = = Dated this the 5th 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)3707/01. Notice to R1 and R2 dispensed with as they had remained exparte before the Tribunal. A perusal of the award would reveal that the Tribunal was totally dissatisfied with the manner in which the case was conducted. I also fully endorse with that view but the ends of justice need not be defeated on technical grounds. There was an attempt to produce some documents but they were not authenticated. If the claimant can produce authenticated document and produce evidence in support of his contention the matter can be considered. Needless to say the insurance company can also produce documents to substantiate their contentions. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to M.A.C.A. 3018 OF 2008 -:2:- permit both the parties to adduce both documentary as well as oral evidence in respect of their contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 20.11.2009. The claimant shall take out notice to R1 and R2 after he enters appearance. M.N. KRISHNAN, JUDGE. ul/-