IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 M.A.C.A.No. 1657 of 2004(C) ----------------------- OP(MV) NO.319/1996 of ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM. .................... APPELLANT/PETITIONER : ---------------------- PONNAMMA, W/O. DEVADAS, AGED 44 YEARS, SOORYANPARAMBIL, CHERYAZHEEKKAL P.O., CHERIYAZHEEKKAL MURI, ALAPPAD VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.T.GOPALAKRISHNAN SRI.K.SANIL KUMAR RESPONDENTS/ RESPONDENTS: ------------------------- 1. RAJEEV S/O. SIDHARTHAN, VISHNU BHAVANAM, ARINALLUR P.O., THEVALAKKARA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT (OWNER OF THE SCOOTER NO.KL-02/B.4807 AT THAT TIME) 2. MANGALA KUMAR, S/O.JANARDHANAN, VELLACHIRAYIL VEEDU, ANAYADI P.O., SOORANADU VILLAGE, KUNNATHUR, KOLLAM DISTRICT MDL NO.17435/82, BADGE NO.277/94, (DRIVER OF THE SCOOTER NO.KL.-02/B 4807 AT THAT TIME) 3. THE MANAGER, ORIENTAL INSURANCE CO. LTD., KOLLAM BRANCH, POLICY NO.44140/8/243/MV/95/2762. VALID FROM 12-09-1994 TO 11-09-1995 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1657 OF 2004 --------------------- Dated this the 28th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the 1st Addl. Motor Accident Claims Tribunal, Kollam, in OP(MV) 319/96. The appellant sustained injuries in a road accident and the law was set in motion only after one month and that too, by giving the registration number of the vehicle as KL2/5301. Subsequently, the police filed a charge sheet against the vehicle bearing registration number KL2B/4807. The Tribunal found that there is no satisfactory evidence to connect the vehicle with the accident and therefore dismissed the case. 2. I cannot find fault with the Tribunal for arriving at such a decision when materials are not furnished before that court. How the police had investigated and how it came to the conclusion that the vehicle involved in the accident is having the registration No. KL2B/4807 and not KL2/5301. It is a matter that should have been explained by the claimant before the Tribunal. This can be easily done by requesting the court to direct the police to produce the case MACA No.1657/04 2 diary and examine the investigating officer so that the court will be having a clear picture about the vehicle involved in the accident. If really the claimant had been hit by the vehicle bearing registration No. KL2B/4807 certainly the claim petition should not be thrown out on technical grounds. Therefore, after hearing both sides, I feel an opportunity can be given to the claimant to establish the case. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The appellant is given an opportunity to summon for the case diary and adduce evidence in support of the contention that it was the vehicle bearing registration No. KL2B/4807 that was involved in the accident. Needless to say that the Insurance Company is also permitted to adduce evidence in support of its contentions. Thereafter the matter shall be decided by the Tribunal in accordance with law. Parties are directed to appear before the Tribunal on 2.9.08. M.N.KRISHNAN, JUDGE vps MACA No.1657/04 3