IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 MACA.No. 382 of 2009() ---------------------- OPMV.3/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------- MUHAMMED, S/O.MOOSA, AGED 53, CHUNKATHARAKKAL HOUSE, KODUVALLY(VIA),P.O. KIZHAKKOTH, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): RESPONDENTS -------------------------- 1. K.C.HUSSAIN, S/O.AMMOTTY,PERAMKOTTUMMAL HOUSE, MURIYANAL.P.O,KUNNAMANGALAM, KOZHIKODE. 2. NEW INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE, SILVER PLAZA BUILDING, I.G.ROAD, KOZHIKODE. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 SRI.O.D.SIVADAS FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.382 OF 2009 ............................................. Dated this the 22nd day of December, 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.3/2005.The claimant travelling as a pillion rider sustained injuries in a road accident when the motor cycle in which he was travelling collided with a jeep. 2. The Tribunal found negligence equally on the rider of the bike as well as the jeep driver. It also found that the injuries have not been properly proved and therefore awarded a sum of Rs.6,459/=. The Tribunal as usual in its style had criticized the Assistant Professor in Orthopedics and had blamed the claimant and fixed the compensation at Rs.6,459/=. Just because a doctor who had issued the wound certificate had committed some mistake with respect to issuance of wound certificate, in another case one cannot hold that every certificate issued by him is wrong unless it is proved to be so. Similarly if the negligent aspect is the criteria, the Tribunal should have directed the person : 2 : M.A.C.A.No.382 OF 2009 to appear in court and recorded the same and dismissed the application. But the Tribunal apportioned the negligence and proceeded to dispose of the matter. The court should have also insisted for production of the charge sheet or other documents which will be of some help to the Tribunal to decide the case. I do not want to elaborate more. Justice has to be met and the only method is to set aside the award and remit the case back to the Tribunal for a fresh consideration. 3. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the Tribunal to permit 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. The parties are directed to appear before the Tribunal on 22.1.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.382 OF 2009