IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 MACA.No. 1534 of 2005() ----------------------- OPMV.1134/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- M.B.PRATHEEPAN, S/O.GOVINDAN, MADAYANBANATHETH HOUSE,MORAZHA.P.O., MORAZHA, THROUGH P.A.HOLDER M.P.BALAKRISHNAN, S/O.V.V.KELU NABIAR, VELLU VALAPPIL HOUSE, MAVICHERI, KUTTIYERI.P.O.,THALIPARAMBU, KANNUR. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.PREM DOMINIC RESPONDENT(S): --------------- 1. PREETHA REGHUNATH, W/O.REGHUNATH, SRI.K.NIVAS,OTHEYANMADAM, P.O.CHERUKUNNU. 2. V.V.ANEESH, S/O.BHASKARAN, VALIYAVALAPPIL HOUSE, KAVINISSERY, P.O.CHERUKUNNU. 3. NATIONAL INSURANCE CO.LTD., KANNUR. ADV. SRI.M.K.SUMOD SRI.KAUSER EDAPPAGATH SMT.LISHA JACOB SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A. C. A. No. 1534 OF 2005 -------------------------------------------- Dated this the 25th day of March, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed against the order of the MACT dismissing a claim petition. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. On going through the award and after hearing the parties, we feel that the order of the MACT is not tenable because the claim case is rejected for want of evidence about the accident and the injury sustained by the claimant. Even though there are lapses on the part of the appellant in not producing FIR and other evidence pertaining to the accident, we feel that one more opportunity can be given to the claimant, because counsel for the insurance company confirmed that the accident had actually taken place and there are other claimants as well. In the circumstances, we allow the appeal by setting aside the award and restoring the claim petition to the MACT to give an 2 opportunity to the appellant to file documents and furnish evidence regarding the accident and injury sustained by the appellant. The MACT should call for the records in the connected claim petitions so that such records can be relied on for the disposal of the above claim petition. Since the matter is quite old, we direct the MACT to dispose of the claim petition afresh within six months from the date of production of a copy of this judgment by the appellant. MACT will issue notice to the insurance company as and when the judgment is received. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 3