IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 MACA.No. 1016 of 2010() ------------------------------- OPMV.1409/2006 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S)/PETITIONER --------------------------------- BIJU,18 YEARS, S/O.THULASEEDHARAN THADATHILVILA VEEDU,VIDYA NAGAR-139, KARIKKODU CHERRY,MANGADU. BY ADV. SRI.B.CHANDRA LAL RESPONDENT(S)/ RESPONDENTS --------------------------------------- 1. SHAJI A, S/O.ABDUL RAHMAN,PUTHUVEETTIL KUMARAPURAM,THANALLACKAL,HARIPPAD. 2. BINU,S/O.LEELAMONY,THOTTATHIL VEEDU VELOMKONAM,KOTTAMKARA,KOLLAM. 3. THE BRANCH MANAGER,UNITED INSURANCE COMPANY LIMITED,CITY BRANCH OFFICE PB NO.37,VANIYAPURACKAL BUILDING TALUK OFFICE JN, KOLLAM. R3 BY ADV. SMT.P.A.REZIYA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1016 OF 2010 = = = = = = = = = = = = = = = Dated this the 19th day of October, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kollam in O.P.(MV) 1409/06. The claimant, a 14 year old minor boy, sustained injuries in a road accident and the Tribunal had dismissed the application on the ground that there is no evidence. The Tribunal also noted that the counsel was not present and the appellant was also not present. But still proceeded to mark the documents and dismissed the application. I think it is not a proper approach. The Tribunal should have given him an opportunity and therefore I am inclined to set aside the award and I do so. In the result the MACA is allowed and the award passed by the Tribunal is set aside and the matter is remitted back to the Tribunal with a direction to permit M.A.C.A. 1016 OF 2010 -:2:- all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 22.11.10. The claimant is also directed to take out notice to R1 and R2 after he enters appearance before the Tribunal. M.N. KRISHNAN, JUDGE. ul/-