IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 MACA.No. 1369 of 2009(G) ----------------------------- OPMV.1678/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV ---------------------------------------------- SHAMSEENA.T., W/O. JAFFER, AGED 24 YEARS KARUTHEDATH HOUSE, CHENNAMANGALOOR POST, MUKKOM, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S)/ RESPONDENTS: ------------------------------------- 1. K.JANARDHANAN, KUNNATH HOUSE, KADALUINDI POST, KOZHIKODE. 2. SUDHEER, S/O.MANUKUTTAN, AGED 31 YEARS, THARAYIL HOUSE, MANNUR POST, KOZHIKODE. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, UP HILL, MALAPPURAM. ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1369 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1678/03. In the absence of any valid documents the Tribunal did not entertain the petition. 2. Heard the learned counsel for the appellant as well as the insurance company. It is submitted by the learned counsel for the appellant that in the accident there was a connected case O.P.1727/03 and it has been settled by the insurance company. Unfortunately that document is not before this Court. Whatever it may be, if really he had sustained injuries in a road accident his claim requires consideration at the hands of the Tribunal. Therefore I set aside the award and remit the case back to the Tribunal with a direction to permit the claimant as well as the respondent to produce documentary as well as oral evidence in support M.A.C.A. 1369 OF 2009 -:2:- of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 21.12.2009. M.N. KRISHNAN, JUDGE. ul/-