IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 MACA.No. 1483 of 2007() ---------------------------------- OPMV.861/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: -------------------- NOUSHAD, S/O. ABDURAHIMAN, THENAYANGA PARAMBA HOUSE, CHERUVADI POST, KODIYATHUR, KOZHIKODE. BY ADV. SMT.T.V.NEEMA RESPONDENTS: RESPONDENTS: ------------------------- 1. N.K. ASSAINAR HAJI, NADUKANDI HOUSE, PAYYOLI POST, BADAGARA,KOZHIKODE. 2. ASHRAF, S/O. MUHAMMED, CHETTIYAMTHODI HOUSE, ALLY POST, KUMARANALLOOR, MUKKAM, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, THAMARASSERY, KOZHIKODE. R3 BY ADV. SRI.A.A.MOHAMMED NAZIR SRI.C.C.ABRAHAM THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/01/2008 , THE COURT ON THES SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.1483 OF 2007 ------------------------------------- Dated 18th January, 2008 JUDGMENT Koshy,J . The claim petition was dismissed doubting the correctness of the accident as wound certificate and driving licence were not produced. It is asserted that the above documents were produced. The claimant was also not allowed to be examined. Heard the contesting respondent also. In these circumstances, we set aside the impugned award and remand the matter for fresh disposal. On the facts of this case, Tribunal should allow the parties to adduce both oral and documentary evidence. The real affected party is the insurance company as insurance is admitted. Parties shall appear before the Tribunal on 24.3.2008. J.B.KOSHY JUDGE K.HEMA JUDGE tks