IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 1828 of 2007() ----------------------- OPMV.1872/2001 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER IN OP(MV) ---------------------------------------- BASHEER,S/O.KUNHAMMED,AGED 28, VEMBOYIL HOUSE,PUTHUKKOD POST,RAMANATTUKARA, VIA ,MALAPPURAM. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS/ RESPONDENTS IN OP(MV): ------------------------------------------------ 1. IMBICHIKOYA THAGAL,S/O.SAIDALAVIKOYA THANGAL,AGED 28,APPILIPURAM HOUSE,PUTHKKODU POST, PERINGAVU,MALAPPURAM. 2. THE NATIONAL INSURACNE COMPANY LIMITED, DIVISIONAL OFFICE,NOOR COMPLEX,ARAYIDATHUPALAM, KOZHIKODE. BY ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1828 OF 2007 --------------------- Dated this the 18th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 1872/01. The claimant, a young man aged 22 years, is alleged to have sustained injuries in a road accident. The Tribunal dismissed the claim application. It is against that decision the claimant has come up in appeal. 2. Heard the counsel for both sides. It is the case of the claimant that while he was travelling in a jeep it over turned and he had sustained injuries. He was treated as outpatient in the Medical College Hospital, Kozhikode. He had produced Ext.A2 to prove the same. But unfortunately he did not mount the box nor tender any evidence so as to satisfy the conscience of the court regarding the correctness of the claim. 3. Learned counsel has made available before me for perusal a copy of Ext.A2 which would show that he was also admitted in the hospital at 4.30 p.m. on 26.11.00 ( MACA No. 1828/07 2 ). If this is true, I find there is a fair case for the claimant. I do not want to deprive him an opportunity. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit both parties to adduce documentary as well as oral evidence in support of their respective contentions and the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 4.11.08. M.N.KRISHNAN, JUDGE vps MACA No. 1828/07 3