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. 677 of 2003(P) ----------------------- OPMV.1329/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. ---------------------------- RENU PETER @ ANEESH, EDAKULAM HOUSE, THALAPPADY, PUTHUPALLY. BY ADV. SRI.K.G.PAVITHRAN RESPONDENTS: RESPONDENTS. ------------------------- 1. JACOB ABRAHAM @ JAYMON, PALAKKALPARAMBIL PUTHUPPALLY. 2. P.C.ABRAHAM, PALAKKALPARAMBIL, PUTHUPALLY. 3. THE UNITED INSURANCE CO.LTD., C.S.I.SQUARE, BAKER HILL, KOTTAYAM. 4. THE NATIONAL INSURANCE CO.LTD., KOTTAYAM. BY ADV. SRI.M.A.GEORGE FOR R4 SRI.T.J.LAKSHMANAN IYER FOR R3 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. 677 OF 2003 --------------------- Dated this the 18th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam, in OP(MV) 1329/96. The claim application was dismissed on the ground that at the stage of trial, the petitioner and his counsel were absent. Being a beneficial legislation intended to confer benefits on the accidental affected victims, it may not be correct to dismiss the case on technical grounds of default. Therefore, I am inclined to grant an opportunity. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration with permission to all parties concerned to produce documentary as well as oral evidence in support of their respective contentions. Parties shall co-operate with the Tribunal for a speedy disposal of the case as the case is of the year 1996. The Tribunal is at liberty to consider the question of granting interest for the reason that the dismissal had taken place on account of the fault of the appellant. Parties are directed to appear before the Tribunal on 3.11.08. M.N.KRISHNAN, JUDGE vps 2