IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 MACA.No. 2960 of 2008() ----------------------- OPMV.2118/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ---------------------------------- ABDUL NAZAR, S/O.POKKU, AGED 36 YEARS, PERUMBALLI HOUSE, PUTHUPPADI POST, THAMARASSERY, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. SALIL KUMAR.K.C, RAJ BHAVAN, KOLATHARA POST, KOZHIKODE. 2. T.A.BASHEER, S/O.MUHAMMED, AGED 41 YRS, RANDAMKAIKAL VEEDU, KAZITHAPOYIL POST, PUTHUPPADI AMSOM DESOM, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD,DIVISIONAL OFFICE, SEEMA TOWER, MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2960 OF 2008 --------------------------------- Dated this the 5th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.2118/03. The claim is one for damages sustained to jeep involved in a road accident. I am informed by the learned counsel for the appellant that the scene mahazar, A.M.V.I Report, Survey Report and other documents had been produced before the tribunal but nothing has been taken into consideration. I feel, I need not issue notice as the matter requires a remand. Therefore without expressing anything on the merits, I deem fit to set aside the award and the matter is remitted back to the tribunal for reconsideration of the entire materials. Needless to say that the claimant has to produce all documents and adduce oral evidence as well to substantiate his contentions and the tribunal has to give opportunity to others also to adduce evidence and documents in support of their respective contentions. M.A.C.A.No. 2960/08 -2- Therefore the award under challenge is set aside and the matter is remitted back to the tribunal. The appellant is directed to appear before the tribunal on 12.2.2009 and on his appearance he shall take notice to other respondents so that they can also be heard and the matter be disposed of in accordance with law. M.N. KRISHNAN,JUDGE vkm