IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 MACA.No. 2360 of 2009() ----------------------------------- OPMV.592/2004 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ------------------------------------ RAMESAN, S/O.RAMANKUTTY, AGED 31 YEARS, KAVULLAKUNNU HOUSE, MOONNANTHODU P.O., THAMARASSERY, KOZHIKODE. BY ADV. MR.V.S.CHANDRASEKHARAN, SMT.LEKSHMI SWAMINATHAN. RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. P. RAJAN, S/O.KELUKURUP, PANTHOTTIL HOUSE, P.O. VISHNUMANGALAM, KALLACHI VADAKARA, KOZHIKODE. 2. THE UNITED INDIA INSURANCE COMPANY LTD., KALLINGAL BUILDING, MAIN ROAD, VADAKARA. R2 BY ADV. SMT.P.K.SANTHAMMA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2360 OF 2009 ............................................. Dated this the 3rd day of February, 2010. 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.592/2004. The claimant was a pillion rider of a motor cycle and he was hit by a jeep KLL 6616. The Tribunal had dismissed the application on the ground that the accident is not properly proved. 2. I had carefully gone through the documents given to me by the counsel for the appellant as well as the insurance company. It is true that in the first Information Statement there is a mistake which shows that the number of the vehicle is shown as KLZ 6616. The document which was made available before me by the insurance company would reveal that the Additional Motor Vehicle Inspector has inspected the vehicle KLL6616 and not KLZ 6616. Similarly there is another mistake in the wound certificate which would indicate as if that the bike had been hit by a bus and not by a jeep. : 2 : M.A.C.A.No.2360 OF 2009 3. The learned counsel for the appellant would submit that if an opportunity is given to produce AMVI's report as well as the charge sheet, the conscience of the court can be satisfied regarding the accident. 4. I am inclined to grant an opportunity in this case especially for the reason that there has been amputation of the left index finger which requires sympathetic consideration as well and technicality shall not be used to defeat the ends of justice . 5. Therefore I set aside the award passed by the Tribunal and remit the case back to the Tribunal with a direction to the claimant to produce necessary documents, enter the box and tender evidence in support of the accident. Equal opportunity be given to the insurance company as well and the matter be disposed of in accordance with law. The parties are directed to appear before the Tribunal on 3.3.2010. If the insurance company is made liable, need less to say that interim award amount has to be given credit in the final compensation. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2360 OF 2009 : 4 : M.A.C.A.No.2360 OF 2009