IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 MACA.No. 2447 of 2009(G) ----------------------- OPMV.1461/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: --------------------------- K. MUHAMMED, S/O. UMMER, AGED 56 YEARS, RESIDING AT KARIMBANAKKA HOUSE, PAZANGANGARA, P.O. RAMAPURAM, MALAPPURAM. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. V. SUDHEESHKUMAR, S/O.GOPALAN, AGED NOT KNOWN, RESIDING AT PUNNATH HOUSE, RAMANATTUKARA P.O., KOZHIKODE. 2. DINESAN, S/O.NARAYANAN, CHOYITHODI HOUSE, P.O. PUTHUKODU, RAMANATTUKARA, MALAPPURAM. 3. UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE DISTRICT. R3 BY ADV. SRI.P.MURALEEDHARAN, SC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.Krishnan, J. ------------------------------------------ M.A.C.A.No. 2447 of 2009 ------------------------------------------ Dated this the 28th day of May, 2010 JUDGMENT This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.1461 of 2005. Time and again I am coming across awards of the Tribunal where a particular lawyer has appeared and he does not seem to be prosecuting the matters vigilantly. Even the wound certificate had to be produced by the respondent in the case and the claimant was satisfied with one First Information Statement. The wound certificate which was produced shows that an unknown male has been admitted in the hospital. There was a fundamental duty cast upon the claimant and his counsel to satisfy the conscience of the court regarding the involvement in the incident as well as the injury sustained. I am not going to elaborate since justice shall not fail. I am inclined to grant an opportunity. Therefore, the award is set M.A.C.A.No.2447 of 2009 - 2 - aside and the matter is remanded back to the Tribunal with a direction to all concerned to produce documentary as well as oral evidence in support of their contentions and the matter be disposed of in accordance with law. The appellant is directed to appear before the Tribunal on 8.7.2010 and then take notice to the respondents for their appearance. The appeal is disposed of as above. M.N.Krishnan, Judge vns