IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 MACA.No. 2228 of 2009() --------------------------- OPMV.1437/2003 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. ..................... APPELLANT(S): PETITIONER --------------------------------- SANTHA, W/O. VENUGOPAL, AGED 53 YEARS, RESIDING AT SANTHI NIVAS, P.O.CHOOLOOR, VIA REC, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S)/ RESPONDENTS : ---------------------------------------- 1. E.ABOOBACKER, AGE AND FATHERS NAME NOT KNOWN KOTHAYANCHALIL HOUSE,P.O.MUKKOM, KOZHIKODE. 2. AJAYAKUMAR, S/O. KANARAN, AGE NOT KNOWN, NADUVILTHODUKAYIL HOUSE, P.O.VAVAD, KOZHIKODE. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, VELIMANA BUILDING. THAMARASSERY. ADV. SRI.M.MUHAMMED SHAFI FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2228 OF 2009 = = = = = = = = = = = = = = = Dated this the 16th day of December, 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)1437/03. The claimant, while travelling in an auto rickshaw collided with a lorry resulting in injuries to her. The question raised by the insurance company of the lorry was that the accident took place on account of the negligence of the auto driver. It is true that only FIR and wound certificates were produced. The Tribunal came to the conclusion that it may be a creation of fraud. When one is attributed with adjective of fraud it must be based on materials and should not be on mere conjectures and surmises of the Court. I feel the matter can be looked into in a better way by directing the parties to produce material documents and evidence so that the Court can come to a right conclusion. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all to produce M.A.C.A. 2228 OF 2009 -:2:- documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The appellant is directed to appear before the Tribunal on 21.1.2010 and shall take out notice to the respondent for a proper disposal of the case. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-