IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 MACA.No. 1689 of 2011() ----------------------- OPMV.2380/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: -------------- PANKAJAKSHAN PILLA, S/O.RAGHAVAN PILLAI AGED 52 YEARS, VAISYAM PARAMBIL HOUSE, ARD SHOP, CHARUVIL HOUSE, CHILAVANNOOR, KADAVANTHRA P.O.,ERNAKULAM BY ADV. SRI.CIBI THOMAS RESPONDENT/RESPONDENT: --------------- 1. C.R.VENU, PARTNER, GEM INDUSTRIES, THIRUNELLOOR, CHERTHALA -688524 2. ABDUL MAJEED, PEEDIKACHIRAYIL, VARANAM.P.O, CHERTHALA 688524 3. THE REGIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., MTP CELL, METRO PALACE, OPP NORTH RAILWAY STATION ROAD, KOCHI 18 4. THE REGIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD., MTP CTP CELL, VETTUKATTIL BUILDINGS, JOSE JUNCTION, ERNAKULAM 682016 STANDING COUNSEL SRI.JOHN JOSEPH VETTIKKAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------- M.A.C.A No. 1689 of 2011 ----------------------------------------------- Dated this the 28th day of October, 2011 ORDER R.Basant,J. Claimant is the appellant. His claim for compensation was dismissed by the Tribunal by the impugned award. We have been taken through the impugned award. Paragraph 9 of the award clearly reveals that the petition happened to be dismissed, as the wound certificate had not been produced. 2. The learned counsel for the appellant prays that an opportunity may be given to the appellant to produce the necessary materials before the Tribunal. Having rendered our anxious consideration to all the relevant inputs we are satisfied that such course shall advance cause of justice. 3. In the result: a. This MACA is allowed in part. b. The impugned award is set aside. c. The tribunal is directed to dispose of OP(MV) No. 2380/2006 afresh in accordance with law after giving the parties opportunities to adduce any further relevant evidence that is necessary. M.A.C.A No. 1689 of 2011 2 4. Parties shall appear before the Tribunal on 1.12.2011. The Tribunal shall dispose of the case as expeditiously as possible, thereafter, at any rate, within a period of three months from that date. 5. Notice has been given to the learned counsel for respondents 3 and 4. We do not think it necessary to wait for issue and return of notice to other respondents. sd/- R.BASANT (JUDGE) sd/- K.SURENDRA MOHAN (JUDGE) rkc //True Copy// PA to Judge