IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 MACA.No. 1808 of 2008() ----------------------------------- OPMV.3218/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV: ------------------------------------------------------- SAJIN.K.M., S/O.NARAYANAN, AGE 16 YEARS (MINOR), D.O.B-25/2/1992, REPRESENTED BY FATHER NARAYANAN, KARUVAMKANDI MEETHAL VEEDU, PERAMBRA POST, KOZHIKODE (NOW RESIDING AT VADHIYAR VEEDU, ANAKULAM, KOZHIKODE). BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENT IN OPMV: -------------------------------------------------------------- BIJU, S/O.SUKUMARAN, THURUTHIKKADU HOUSE CHENGAROTH HOUSE, AVADUKKA, KOOVUPOYIL. R1 BY ADV. SRI.SANTHARAM.P THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1808 OF 2008 ............................................. Dated this the 3rd day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.3218/2002. The claimant, a minor boy at the time of accident, sustained injuries when it is stated that a jeep had knocked him down. The respondent is shown as the owner cum driver of the jeep. The claimant had sustained a fracture on the ankle and the Tribunal has awarded him a compensation of Rs.8,000/=. Dissatisfied with the same, the claimant has come up in appeal for enhancement. 2. Fortunately the owner has entered appearance before this Court. The learned counsel for the owner would submit before me that he was not the owner of the vehicle at the relevant point of time. It is unfortunate that in motor accidents claim matters the owners are taking a lukewarm attitude towards all. But to my surprise, the claimant has not produced the charge sheet or anything in this case. So the whole matter requires reconsideration and evidence. : 2 : M.A.C.A.NO.1808 OF 2008 3. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The respondent is permitted to file a written statement and if any impleadment becomes necessary, notice shall be taken out at the cost of the respondent and thereafter parties be permitted to adduce both oral and documentary evidence in support of their respective contentions and then the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 17.12.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1808 OF 2008 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T