IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 MACA.No. 1631 of 2009(E) --------------------------- OPMV.936/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): 3RD RESPONDENT -------------------------------------- THE NATIONAL INSURANCE CO.LTD., KOZHIKODE, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, 2ND FLOOR, OMANA BUILDING, M.G.ROAD, KOCHI-35. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT -------------------------------- RESHMI.T.K., W/O.SHARMIK, RESIDING AT VELLACHALANKANDIYIL HOUSE, P.O.BALUSSERY, KOZHIKODE. ADV. SMT.K.V.RESHMI FOR R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1631 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of June, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)936/05. The claimant, a doctor by profession, sustained injuries in a road accident and she had been awarded a compensation of Rs.98,803/- by the Tribunal. It is challenging the same the appeal is preferred. 2. Heard the learned counsel for the appellant as well as the respondent. The learned counsel for the insurance company would contend before me that as seen from the wound certificate the accident had taken place when the car driven by the claimant had dashed against a wall. The wound certificate would reveal that she was taken to the hospital by her husband, doctor and history and alleged cause of injury is written as 'Car hit the wall on 11.12.04.' Now the attempted case of the claimant is that while she was driving the car an auto rickshaw came M.A.C.A. 1631 OF 2009 -:2:- suddenly took a turn and hit on the left side of the Maruthi car which resulted in the loss of control and hit on the wall causing injuries to the claimant. So the most important document as far as this case is concerned is the Motor Vehicle Inspector's report relating to the car. Being a Maruthi car when an auto rickshaw hits on the side of the car necessarily there will be bent on the portion. Therefore the Tribunal was not justified in simply analysing the materials to arrive at a decision when the Motor Vehicle Inspector's reports regarding both the vehicles are not produced. It is also absolutely necessary and the appreciation of the case would depend upon the same. Needless to say if there are witnesses they could also be examined to find out the truthfulness of the case. Just because the police has filed a charge sheet a Tribunal exercising a judicial function shall not jump to the conclusion of an accident, as projected by the claimant. Therefore I set aside the award passed by the Tribunal and remit the case back to the Tribunal with a direction to permit all the parties to produce documentary as M.A.C.A. 1631 OF 2009 -:3:- well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 20.7.2010. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.