IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 MACA.No. 313 of 2009() ---------------------- OP(M.V).3399/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER:- ----------------------------- P.SUBEESH, AGED 22 YEARS, SON OF DAMODARAN, SUDARASANAM, VALATHOOR PARAMBA, CHEVAYUR AMSOM AHD DESOM, P.O. CHEVAYUR, KOZHIKODE BY ADV. MR. JACOB ABRAHAM MS. KOCHUMOL KODUVATH RESPONDENTS/ RESPONDENTS:- -------------------------------------- 1. K.KALID , SON VEERANKUTTY, AKAYITHODI VEEDU, P.O. PALLIKKAL, PALLIKKAL AMSOM AND DESOM, MALAPPURAM DEIST. 2. K.BEERANKUTTY , SON OF MOHAMMED, AKAYITHODI HOUSE, PUTHOOR, PALLIKKAL P.O., MALAPPURAM DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., MAVOOR ROAD JN. KOZHIKODE 673 001. ADV. MR. MATHEWS JACOB, SENIOR ADVOCATE FOR R3 MR. P.JACOB MATHEW FOR R3 MR. K.M.FIROZ FOR R1 &2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- M.A.C.A. No. 313 of 2009 ---------------------------------------------------- Dated this the 23rd day of July, 2009. JUDGMENT Heard the learned counsel for the appellant/claimant and the learned counsel appearing for the 3rd respondent/insurer. Respondents 1 and 2 are ex parte. 2. O.P. (M.V.) No. 3399 of 2002 was an application filed by the appellant claiming a sum of Rs.75,000/- as compensation in a road traffic accident. According to the appellant, while he was riding a motorcycle bearing registration No. KL 11/F 6041 from Manorama Junction to Kozhikode town, a bus bearing registration No. 10/M 7730 came from behind and dashed against the appellant's motorcycle resulting in the appellant sustaining injuries for which he was treated in the National Hospital, Kozhikode. 3. The 3rd respondent insurer admitted that the bus in question was covered by a policy of insurance issued by the 3rd respondent. The insurer, however, contended that the accident took place on account of the negligence of the appellant himself M.A.C.A. No. 313/2009 : 2 : who drove the motorcycle in a rash and negligent manner and dashed against the rear side of the bus. 4. The Tribunal accepted the said defence raised by the 3rd respondent insurer and dismissed the application as per award dated 23.10.2007. It is the said award which is assailed in this appeal. 5. The main grievance of the appellant is that the appellant was not able to produce the charge sheet and other relevant records pertaining to the occurrence and that the appellant also did not get an opportunity to adduce oral evidence in support of his claim. I see considerable force in the submission made on behalf of the appellant. It is well settled that the mere marking of an exhibit does not dispense with its proof. (See S.T. Khimchand v/s. Y. Satyam - AIR 1971 SC 1865) I am of the view that the Tribunal was showing undue haste to dispose of the matter without giving the appellant an opportunity to adduce proper evidence. The impugned award is accordingly set aside and the matter is remitted to the Tribunal below for disposal afresh after giving both sides a reasonable opportunity of adducing evidence M.A.C.A. No. 313/2009 : 3 : in support of their respective contentions. The parties shall appear before the court below without any further notice on 17.08.2009. This appeal is allowed and the matter remitted as above. No costs. Dated this the 23rd day of July, 2009. V. RAMKUMAR, JUDGE. rv M.A.C.A. No. 313/2009 : 4 :