IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 MACA.No. 576 of 2009() ---------------------- OPMV.841/2003 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT(S): PETITIONERS: ---------------------------------------------- CHANDRASEKHARAN NAIR, S/O.PADMANABHA PILLAI, RESIDING AT 'SIVARANJINI', KALARKODE WARD, ALAPPUZHA. BY ADV. MR.SUNIL J.CHAKKALACKAL RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SAIJU GOPALAN, S/O.GOPALAN, PADINJAREKKARA, KARIMANNOOR, THODUPUZHA. 2. E.A.ASOK KUMAR, S/O.RAGHAVAN, 'KARTHIKA', NEAR Y.M.C.A, ALAPPUZHA. 3. THE ORIENTAL INSURANCE CO. LTD., ALLEPPEY BRANCH, REPRESENTED BY ITS MANAGER. R3 BY MR.MATHEWS JACOB, SENIOR ADVOCATE, BY ADV.MR.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.576 OF 2009 ............................................. Dated this the 16th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Alappuzha in OP(MV)No.841/2003. It is the case of the claimant that while he was riding a scooter, a car came from behind and hit on the scooter, as a result of which the scooter turned down resulting in sustainment of injuries to the claimant. 2. The learned tribunal referring to the AMVI's report held that since not even a bent is shown to the car, it is not acceptable to conceive the case of hit from behind. The court below also observed that the charge sheet has not been produced. To crown all these things nobody has been examined as well. 3. Today the learned counsel for the appellant has produced before me a copy of the charge sheet for perusal. He also contends that evidence can be let in the matter. The tribunal has also referred to the scene mahazer which indicates a bent in the front side of the car. Just because : 2 : M.A.C.A.No.576 OF 2009 AMVI has not noted it, one cannot hold that there was no bent at all. These things could be proved by examining the person who had prepared it. Therefore, I am inclined to grant an opportunity. 4. In the result, the award under challenge is set aside and the matter is remitted back to the tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions. Since respondents 1 and 2 had not entered appearance before this Court, I direct the claimant to take out notice to them after he enters appearance before the tribunal. Parties are directed to appear before the tribunal on 21.4.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.576 OF 2009