IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 MACA.No. 242 of 2008() -------------------------------- O.P.(MV) NO. 738/2000 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER: ------------------------------------- K. VASU, S/O. CHANDUKUTTY, KALLARAKKAL HOUSE, KAPPANKOLLY, MEPPADI P.O., VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENTS: ------------------------ 1. ABILASH, S/O. RAVI, SARADA NIVAS, MEPPADI P.O., VYTHIRI TALUK,WAYANAD. 2. N.K. AHAMMEDKUTTY, S/O. MOOSA, MOORKKAN KADAVIL HOUSE, VYTHIRI P.O., WAYANAD. 3. THE NEW INDIA ASSURANCE CO. LTD., KALPETTA BRANCH, KALPETTA NORTH P.O. 4. DINESH, S/O. VASU, CHIRAYIL HOUSE, NEW VIVA TALKIES, MEPPADI P.O., WAYANAD. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln M.N. KRISHNAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= M.A.C.A.No. 242 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of September, 2009 JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta, Wayanad in O.P. (MV) No.738 of 2000. The claimant would contend that while he was walking along the road, the auto rickshaw, which came from behind, hit on him, resulting in injuries to him. The learned Tribunal dismissed the petition on the ground that only wound certificate is produced and that no evidence is adduced to show that the injuries were sustained on account of a road accident, as alleged by the claimant. I do not find fault with the findings of the Tribunal, but the learned counsel for the appellant submits that if an opportunity is given, he will produce all the documents relating to the accident to prove that the claimant had sustained injuries in a road accident and that it took place on account of the negligence of the driver. I do not want to deprive the claimant from getting an opportunity. 2. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all the parties concerned to produce documentary as well as oral evidence in support of MACA 242/08 2 their respective contentions and dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 11-11-2009. M.N.KRISHNAN, JUDGE. mn.