IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 MACA.No. 2521 of 2008(B) ---------------------------------- OPMV.73/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S)/ PETITIONER : ------------------------------------ P.MOHANDAS, S/O. ANANDA, PUTHALATH HOUSE, PATHAYAKUNNU P.O., THALASSERY TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENT(S)/RESPONDENT: ------------------------------------- 1. VAZHAYIL RAJESH, S/O. RAGHAVAN, PRAVEENALAYAM, MANGATIDAM AMSOM, VATTIPRAM DESOM,KUTHUPARAMBA. 2. C.SANTHA, VADAKKEKANDY HOUSE, VATTIPRAM, MANGATTIDAM P.O., KUTHUPARAMBA. 3. NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, THALASSERY. ADV. SRI.SUNIL NAIR PALAKKAD FOR R1 & 2 SRI.K.N.ABHILASH FOR R1 & 2 SMT.R.LEELA FOR R1 & 2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2521 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)73/02. The claimant is a shop owner on whose shop a lorry rammed in causing damages to his articles like fruits, sweets, soft drinks, furniture and other materials. He claimed a compensation of Rs.67,460/-. He had also produced one surveyor's report which is marked as Ext.A4. The Tribunal awarded a compensation of Rs.20,000/-. The Tribunal held that the surveyor's report is not properly proved and therefore in a guess awarded a compensation of Rs.20,000/-. If what is stated in the surveyor's report is true the claimant is certainly entitled to better compensation. But he has to satisfy the conscience of the Court that those articles were damaged and that they were there in the shop at the time of the accident. Neither the claimant did enter the box nor the surveyor. Therefore without evidence I cannot blame the M.A.C.A. 2521 OF 2008 -:2:- Tribunal for arriving at a figure on guess work. Learned counsel for the appellant would submit that the surveyor is available and he can be examined. I feel this is a case where an opportunity can be given to examine the surveyor as well as the claimant and also to produce documents regarding the purchase of the materials if available. They can face cross- examination and thereafter the Tribunal can analyse the evidence and arrive at a decision. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration after permitting both sides to produce documentary as well as oral evidence in support of their respective contentions and then the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 16.3.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-