IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 MACA.No. 2133 of 2008() --------------------------------- OPMV.14/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN THE OP(MV) ------------------------------------ SMT. UMAIBA, W/O. ABDUL SALAM, 22/2000, CHUKKU HOUSE, PARAPPIL, NAGARAM AMSOM AND DESOM, SOUTH BEACH ROAD, KOZHIKODE. BY ADVS. SMT.LATHA PRABHAKARAN MR.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN OPMV --------------------------- 1. HIFAZU RAHMAN, C.A. 15/170, S.O. ABDUL RAHMAN, AGED 42 YEARS, SAJITHA MANZIL, PARAPPIL, FRANCIS ROAD, KOZHIKODE. 2. THE NATIONAL INSURANCE CO.LTD., PARCO TOWER, P.M.TAJ ROAD, KOZHIKODE. R2 BY ADV.MR.M.A.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2133 OF 2008 = = = = = = = = = = = = = = = Dated this the 9th day of September, 2009. J U D G M E N T Notice to R1 is dispensed with as he has chosen to remain exparte before the Court below and as the matter requires a remand from where a notice can be sent. 2. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) 14/01. The claimant, a lady aged 22 years is alleged to have sustained injuries in a road accident on account of a scooter accident. The Court below was not satisfied with the materials available and therefore non suited the claimant. It is true that the claimant was not examined and the charge sheet was not produced but the learned counsel for the appellant would submit that on receipt of a notice from the Court the charge had been produced but the Court had failed to mark it. He had also shown me some documents relating to the accident, injuries as well as the charge sheet. Therefore I feel the matter is to be considered afresh by M.A.C.A. 2133 OF 2008 -:2:- giving an opportunity to all concerned to produce the materials to establish their respective contentions. In the result the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration and disposal in accordance with law after affording opportunities to them to produce both documentary as well as oral evidence. Let a notice be issued to the owner cum driver of the scooter after the claimant appears before the Tribunal. Parties are directed to appear before the Tribunal on 3.11.2009. M.N. KRISHNAN, JUDGE. ul/-