IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 1329 of 2009() ------------------------------------- OPMV.2235/2002 of Prl.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) ------------------------- SOUMINI, W/O. DAMODHARAN NAIR, AGED 56 YEARS, KOTTAMKALI HOUSE, P.O.KAKKUR, VIA, NANMANDA, CALICUT. BY ADVS. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENT IN OP. (MV) ------------------------- 1. SULAIMAN, S/O. PAVEER, PURAYIL HOUSE, PUTHOOR, MANIPURAM. 2. UNITED INDIA INSURANCE, CO.LTD. BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1329 OF 2009 = = = = = = = = = = = = = = = Dated this the 8th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2235/02. The claimant who is alleged to have sustained injuries in a road accident moved an application for compensation and the Tribunal dismissed it on the ground that there is no evidence to prove the involvement of the vehicle KL-11/M-2268 in the accident. The learned counsel had produced before me for perusal a petition which was returned by the Tribunal wherein it is seen that he wanted to produce some documents to establish his case. Therefore there was some attempt on his part to convince the conscience of the Court but unfortunately before he could produce it the petition was dismissed. Therefore I am inclined to grant an opportunity to the claimant to produce documents. Therefore the award under challenge is set aside the matter is remitted back to M.A.C.A. 1329 OF 2009 -:2:- the Tribunal with a direction to permit the parties concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The claimant shall take out notice to respondent in the claim petition after she enters appearance before the Tribunal on 4.3.2010. M.N. KRISHNAN, JUDGE. ul/-