IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 MACA.No. 2311 of 2007() ----------------------- OPMV.755/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ------------------------------------- BIJU THOMAS, S/O.THOMAS, AGED 30 YEARS, VADAKKEPURATHUKUDY HOUSE, KOZHIPPILLI P.O., KOTHAMANGALAM. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENTS: RESPONDENTS ------------------------ 1. BIJU M.VARGHESE, MALIYIL HOUSE, RAMALLOOR, KOTHAMANGALAM. 2. SHIJO VARGHESE, CHERUKARA HOUSE, 4/756, NELLIMATTOM P.O., KOTHAMANGALAM. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MUVATTUPUZHA. R3 BY ADV. SMT.M.LALITHA NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.A.C.A.No.2311 of 2007 ------------------------------------------------- Dated, this the 9th day of April, 2008 JUDGMENT This appeal is filed by the claimant challenging an award passed by the Motor Accidents Claims Tribunal, Muvattupuzha dismissing an Original Petition filed by him claiming compensation. Appellant met with an accident on 23.12.2003 while he was travelling in an autorickshaw bearing registration No.KL 7/Z 1162. Appellant filed Original Petition claiming compensation impleading the owner, driver and insurer of the vehicle. Case was posted for evidence on 17.10.2007. On that day appellant was not ready. He produced only the treatment certificate and bills. Since the contesting respondent disputed the accident, learned Tribunal dismissed the Original Petition. Challenging that award this appeal is filed. 2. Learned counsel for the appellant submits that one more opportunity may be given to the appellant to substantiate his case. Accident occurred on 23.12.2003 and the Original Petition was filed in the year 2004. Considering all aspects of the matter, I am of the view that it is only just and proper to give one more opportunity to the appellant to contest the matter on merits. For that purpose the matter has to go back. In the result, appeal is allowed. Award passed by the Tribunal dismissing the Original Petition is hereby set aside. Matter is remanded. Tribunal is directed MACA No.2311/2007 2 to take O.P.(MV) No.755/2004 back to file and dispose of the same afresh in accordance with law, after giving a reasonable opportunity to both sides to adduce evidence. Parties are directed to appear before the Tribunal on 27.5.2008. K. PADMANABHAN NAIR, JUDGE. cks