IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 1500 of 2004(C) ------------------------------------ OPMV.763/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/CLAIMANT : ------------------------------------ MATHEW @ BENNY, KUNNUMMEL HOUSE, KAVANA KARA, MUVATTUPPUZHA. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS/RESPONDENTS : --------------------------------------------- 1. JOHNSON @ JOHNEY, CHITTILASSERY HOUSE, ERUMAPRA KARA, MUNNILAVU VILLAGE. 2. THE NATIONAL INSURANCE CO.LTD., REP. BY ITS BRANCH MANAGER, PALAI. BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1500 OF 2004 --------------------- Dated this the 8th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 763/00 whereby the Tribunal had dismissed the claim petition. The claimant was the rider of a motor bike. According to him, when it reached the place of accident a jeep which was proceeding ahead of him suddenly turned towards the right side without any signal as a result of which there was a hit on his bike resulting in sustainment of injuries to the claimant. The police first charge sheeted the driver of the jeep. The Tribunal just considering the damages of the vehicle, without any oral evidence before it, came to the conclusion that it was the bike that had hit on the jeep. It is true that the damage to the jeep is on the right side. There are various ways by which there can be scratches and bend on the right side of the jeep. The jeep can hit the bike or the bike can hit the jeep. Both possibilities cannot be ruled out. But it is a matter which requires evidence with the scene mahazar. When there is a specific pleading that the jeep was trying to turn to the right side without signal unless there is a turning on the right side MACA No.1500/04 2 ordinarily no vehicle will turn to the right side. It will give indication about the truthlessness of the claim. It is quite possible that when the jeep is coming from the opposite direction and the motorcyclist is not able to overtake, then also there is a possibility of motor bike hitting on the jeep. These are all matters which can be proved by evidence. A mere production of scene mahazar or Motor Vehicle Inspector's report may not be a conclusive proof to hold the question of negligence. Therefore, I feel this a fit case where an opportunity can be given to both sides to establish their case by cogent and convincing evidence before the Tribunal by examination of the parties. Therefore, I set aside the award and remand the case back to the Tribunal for fresh consideration with opportunity to both sides to adduce oral and documentary evidence in support of their respective contentions. Parties are directed to appear before Tribunal on 18/8/2008. M.N.KRISHNAN, JUDGE vps MACA No.1500/04 3