IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 MACA.No. 1366 of 2009() ----------------------- OPMV.3696/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV -------------------------------- SALIM.M., S/O. ISMAIL, AGED 31 YEARS, MUNDAKASSERY HOUSE, KUTTIKATTOOR.P.O., KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. P.K.GOPALAKRISHNAN, S/O. ACHUTHAN NAIR, AGE NOT KNOWN, RESIDING AT PARAKKATTU KIZHAKKAYIL HOUSE, P.O.PULIKKAL, MALAPPURAM. 2. NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, KORAMBAYIL ARCADE, PANDIKKAD ROAD, MAJERI, MALAPPURAM. 3. V.MOYIN, S/O. AHAMMED AGE NOT KNOWN, THANDORA HOUSE, M.P.1/327, CHERUPPA, KOCHIKODE. 4. AZEEZ, S/O. AHAMMED AGE NOT KNOWN, THOTTANCHERY, POTTAMMAL HOUSE, P.O.KAYALAM, PERUVAYAL AMSOM, KAYALAM DESOM. 5. UNITED INDIA INSURANCE CO. LTD. DIVISION OFFICE, IPB.NO.533,WHITE LINES KALLAI ROAD, KOZHIKODE. ADV. SMT.P.A.REZIYA FOR R3 SRI.M.A.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHAN, J. …………………………….. M.A.C.A.NO.1366 OF 2009 ……………………………… Dated this the 12th day of November, 2009 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.3696/2002. The petition is one for damages alleged to have sustained to the compound wall, gate and shop building No.13/1825 on account of a collision between two buses. 2. The Tribunal out rightly rejected the claim petition for want of materials and evidence. The Tribunal said, the best piece of evidence is the scene mahazer and commend upon for not producing it. But, I find that the Tribunal has marked the scene mahazer as Ext.A3 in the case. 3. I do not want to elaborate further on this matter and therefore, in order to satisfy the conscience of the court, I direct the appellant to produce all relevant materials before the Tribunal and get himself examined as a witness, so that the things may be cleared. I am inclined to grant an opportunity for that. 4. Therefore, the award under challenge is set aside : 2 : M.A.C.A.NO.1366 OF 2009 and the matter is remitted back to the Tribunal with a direction to permit all concerned an opportunity to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 15.12.2009. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1366 OF 2009