IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 MACA.No. 2770 of 2008() ---------------------------------- OPMV.2723/2000 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------ T.M. CHANDRAN, AGED 46 YEARS, SON OF VASU, PARACHATHANPOTTA, P.O.KARADU PARAMMA, VIA FEROKE COLLEGE, MALAPPURAM DISTRICT. BY ADV. MR.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS --------------------------------------------- 1. K.P. MUSTHAFFA, SON OF K.P. UMMER, EKKOTTIRI MEETHAL HOUSE, P.O.GURUVAYURAPPAN COLLEGE, KOZHIKODE-14. 2. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD.,BRANCH OFFICE, POOTHERI BUILDING, FEROKE, KOZHIKODE-673 631. R2 BY ADV. SMT.T.C.SOWMIAVATHY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2770 OF 2008 ............................................. Dated this the 6th day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal,Kozhikode in OP(MV)No.2723/2000. The claimant, a 38 year old man sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.14,935/=. It is agaisnt that decision, this appeal is preferred. 2. It is the contention of the claimant that he had sustained fracture of the ribs and there were other problems for him and a disability certificate has been produced. But the Tribunal has not taken into consideration any of the documents especially the book produced by him and therefore, requested for an opportunity to substantiate his case. 3. After hearing the learned counsel for both sides, I think an opportunity has to be given. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all parties : 2 : M.A.C.A.NO.2770 OF 2008 concerned to adduce both oral as well as documentary evidence in support of their respective contentions and then dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 20.11.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.2770 OF 2008