IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 987 of 2008() --------------------------------- OPMV.386/1998 of II ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ----------------------------------- INDIRA, AGED 60 YEARS, W/O.BABURAJ, KALATHODI HOUSE, MANANTHALAKADAVU, PO.MADAVOOR, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS/ RESPONDENTS ----------------------------------------------- 1. C.P.RAVEENDRAN, S/O.GOPALAN NAIR, CHALAPPURATHU HOUSE, PARINGLAMAM PO., KUNNAMANGALAM , KOZHIKODE 2. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE P.B.NO.533, KALLAI ROAD, KOZHIKODE ADV. SRI.RAJESH THOMAS FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.987 OF 2008 ===================== Dated this the 29th day of October 2008 JUDGMENT This appeal is preferred against the award of the II Addl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.386 of 1998. The claimant sustained injuries in a road accident while attempting to board into a bus. She gave information that the accident took place when she was attempting to board the vehicle bearing Regn.No.KL/7E-2025. In the petition, column No.15 the vehicle involved is shown as KL/11-C 3474. The insurance company contended that it had issued insurance policy with respect to KL/7E-3474. On account of the conflicting pleadings regarding the registration number of the vehicle the learned Tribunal held that the case is not properly established and therefore dismissed the case. The learned counsel for the appellant had made available before me for perusal a copy of the charge sheet as well as a report filed by the Investigating Agency on 10.8.1997 to change the number from KL7E/2025 to KL 11C/3474. A perusal of that report would show that the claimant had supplied the number given to her by somebody and on appropriate enquiry it is learnt that the MACA 987/2008 -:2:- correct number of the vehicle KL 11C 3474. Unfortunately this report is not produced before the court. It is further to be stated that no oral evidence had been adduced to satisfy the conscience of the court to connect the claimant with the bus as well as the injury. Since there are some materials available, it is desirable that an opportunity is given to the claimant to establish the fact. Therefore, I set aside the award passed by the Tribunal and remit the case back to the Tribunal with a direction to permit the appellant to produce both documentary as well as oral evidence in support of their contentions. The insurance company is also permitted to produce the same. The court shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 15.12.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-