IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 MACA.No. 2025 of 2009() ---------------------------------- OPMV.375/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ K.V.MOHANAN, S/O.VELAYUDHAN, AGED 40 YEARS, RESIDING AT KUNNUMMAL HOUSE, RAMANATTUKARA P.O., KOZHIKODE. BY ADVS.MR.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. K.SHAJI, S/O.KUNHIKUTTAN, AGED NOT KNOWN, RESIDING AT KUNNUMMAL HOUSE, P.O.VETTILAPPARA, ODAKKAYAM, MALAPPURAM. 2. NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R1 BY ADV. MR.P.SAMSUDIN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2025 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th 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)375/04. It is the case of the claimant that while he was travelling in an auto rickshaw bearing Reg.No.KL.10L-3280, the vehicle on account of the over speed capsized resulting in injuries to him. The owner denied the accident. The insurance company had disputed the validity of the driving licence. Unfortunately only a copy of the F.I.R. was produced. I am informed by the learned counsel that the claimant had sustained a fracture on the leg and it was not on account of his negligence documents were not produced. If really he had sustained injuries in a road accident I feel that an opportunity can be given to him to prove the same. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the claimant and respondents to produce M.A.C.A. 2025 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 claimant is directed to take out notice to the respondents afresh after he appears before the Tribunal on 11.1.2010. M.N. KRISHNAN, JUDGE. ul/-