IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 MACA.No. 1979 of 2008(E) -------------------------------- OPMV.1947/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /PETITIONER IN THE OPMV ---------------------------------------------- K.K.ABOOBACKER, S/O. BEERANKUNHI, KKADAVATH KALATHINGAL HOUSE, KARUVANTHURUTHI, FEROKE POST, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN SRI.K.P.BASHEER RESPONDENT(S): RESPONDENTS IN OPMV --------------------------------------------------- 1. K.V.ASBDUL SALAM, S/O. MOHAMED ALI, KOLAVANNA HOUSE, KAYALANA POST, KAYALAM, MAVOOR, KOZHIKODE. 2. M/S.NEW INDIA ASSRANCE CO.LTD., BRANCH OFFICE, POOTHERI BUILDING, FEROKE, KOZHIKODE. ADV. SRI.K.M.FIROZ FOR R1 SRI.JOY GEORGE FOR R2 SMT.PRAICY JOSEPH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1979 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of September, 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)1947/98. It is in relation to the damages sustained by a country boat on account of an impact while a lorry bearing Reg.No.KRZ-3699 was reversing. It is alleged that on account of the reckless reversing it hit on the boat resulting in damages to the same. Unfortunately the claimant was not examined and none of the records relating to the accident were produced before court. Only the surveyors report and some estimates and photographs were produced before court. I feel better wisdom should have prevailed on the claimant to mount the box, produce sufficient materials to satisfy the conscience of the Court regarding the damages and the accident. But there appears to be some documents to evidence the repair effected to the boat and the damage sustained to the boat. Therefore I am inclined to grant an opportunity. Hence the M.A.C.A. 1979 OF 2008 -:2:- award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the Tribunal to permit all concerned to produce both documentary as well as oral evidence in support of their repetitive contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 3.11.2009. M.N. KRISHNAN, JUDGE. ul/-