IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 MACA.No. 2937 of 2008() ------------------------------------- OPMV.813/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER ------------------------ M.G.PRAKASAN, AGED 45 YEARS, S/O.M.T.GOPALAN, MOOLAKANDY HOUSE, P.O.ANNASSERY, VIA THALAKOLATHUR, KOZHIKODE DISTRICT. (POWER OF ATTORNEY HOLDER OF PILAKKATTIL KUNHIMOHAMMED @ BAVA, S/O.OF SAIDALAVI, PILAKKATTIL HOUSE, P.O.POZHILASSERY, VIA TIRUR. BY ADVS. MR.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): RESPONDENTS -------------------------- 1. E.VINODAN, S/O.E.DAMU, PUTHIYOTHU UNNIKANDIYIL HOUSE, P.O.PAYYOLI, KOZHIKODE. 2. M/S.UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, V.208, T.V.SMY, R.D.EAST, R.S.PURAM, COIMBATORE. R2 BY ADV. MR.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2937 OF 2008 ............................................. Dated this the 2nd day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.813/2003. The claimant has moved the court claiming damages sustained to a jeep in a road accident. 2. After reading the award, I feel, the matter requires reconsideration at the hands of the Tribunal in order to prove the damages. Initially the ownership and the damages sustained have to be proved and lastly the quantum has to be proved after the negligence of the opposite party is proved. But the Tribunal has not considered that matter in that aspect at all and had discussed more about age of the mechanic when he started repairing the vehicles. But, admittedly he was 22 years old at the time of the alleged repair. Therefore, I feel in the fitness of things, an opportunity has to be given. 3. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal for a fresh : 2 : M.A.C.A.No.2937 OF 2008 consideration after affording equal opportunities to all concerned to produce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 11.12.2009. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2937 OF 2008