IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 MACA.No. 373 of 2010() ---------------------- APPELLANT: PETITIONER ------------------------ C.P.NAZARUDEEN, S/O.ALIKOYA, AGED 30 YEARS, RESIDING AT FALUK VEKUTHEDATHU HOUSE, P.O.KOTTAMPARAMBU POST, MUNDIKKALTHAZHAM, KOZHIKODE. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENTS/ RESPONDENTS -------------------------- 1. SANTHOSH KUMAR, AGE NOT KNOWN, S/O.VENUGOPALAN, RESIDING AT THAZHATHADATHIL HOUSE, CHATHAMANGALAM P.O., KOZHIKODE. 2. THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE NO.811, NOOR COMPLEX, NEAR ARAVADATHUPALAM, MAVOOR ROAD, KOZHIKODE. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * M.A.C.A.No. 373 of 2010 ---------------------------------------- Dated this the 4th day of August 2011 J U D G M E N T R.BASANT,J The claimant is the appellant. He had claimed compensation for the loss suffered by him on account of physical injuries suffered in a motor accident which took place on 29/7/2004. When the matter ultimately came up for hearing on 12/08/2009, the tribunal, by the impugned award, had dismissed the claim taking note of the fact that no evidence in support of negligence has been produced. The learned counsel for the appellant submits that there was an omission on the part of the appellant to produce the certified copies of the F.I.R, F.I.S and the final report submitted by the police after due investigation. At present, the only request of the learned counsel for the appellant is that a further opportunity may be granted to the appellant to prosecute his claim properly and to adduce all relevant evidence before the court. 2. Before this Court, along with I.A.No.2080/2011, certain documents have been produced by the appellant. 3. The learned counsel for the respondent/insurance company does not raise any objection against the setting aside of M.A.C.A.No.373/2010 2 the impugned award and issue of a direction to the tribunal to dispose of the mater afresh. 4. Having considered all the relevant aspects, we are of the opinion that that is the best course that can be followed by this Court now. 5. In the result, a) The appeal is allowed in part. b) Impugned award is set aside. c) The Tribunal is directed to dispose of O.P.(M.V) No.1831/2004 afresh in accordance with law after giving the parties a further opportunity to adduce all such evidence as may be necessary in support of their respective contentions. 6. The parties are directed to appear before the Tribunal on 19/09/2011. The Registry shall communicate this judgment forthwith to the tribunal. The documents produced along with I.A.No.2080/2011 shall be returned by the Registry to the appellant/claimant forthwith for production before the Tribunal. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge M.A.C.A.No.373/2010 3 M.A.C.A.No.373/2010 4 M.A.C.A.No.373/2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010