IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 MACA.No. 651 of 2007(B) ------------------------------- OPMV.1445/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITONER : ------------------------------ BIJU.K.R., S/O.RAJU, KURISADIYIL HOUSE,INCHOOR KARA, VARAPPETTY,KOTHAMANGALAM TALUK. BY ADV. SRI.EGY.N.ELIAS SRI.GEORGE SEBASTIAN RESPONDENTS/RESPONDENTS : --------------------------------------- 1. SABU MATHEW, S/O.N.C.MATHEW, NADUKKUDIYIL HOUSE, KUROOR KARA, KOTHAMANGALAM VILLAGE,KOTHAMANGALAM TALUK. 2. THE NEW INDIA ASSURANCE COMPANY LTD, MADAPARAMBIL CHAMBERS,M.C.ROAD, MUVATTUPUZHA. BY ADV. SRI.LAL GEORGE - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 651 OF 2007 --------------------- Dated this the 12th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 1445/03. On 13.10.06, when adjournment was sought, the Tribunal directed the petitioner to produce a medical certificate. On 28.10.06 the medical certificate was not produced and therefore the Tribunal held that as the condition is not complied with, the petition is dismissed. The case is of the year 2003. The provisions regarding granting compensation to motor accidents victims is a welfare legislation intended to confer benefit on such victims. It is also a settled principle that the broad principle of natural justice always demand that an opportunity has to be given unless there is grave misconduct and gross negligence. Here atleast there were representations. It is also explained that as he was not in hospital he was not able to produce the medial certificate on that day. So I find that an opportunity has to be given to the claimant. Therefore the award under challenge is set aside and the claim application is restored to file. The Tribunal is directed to give opportunity to both parties to adduce evidence in support of their respective contentions. I hope and wish that the claimant does not again ask for adjournment. Parties are directed to appear before the Tribunal on 20.9.08. M.N.KRISHNAN, JUDGE vps