IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 MACA.No. 1271 of 2009() ----------------------- OPMV.3879/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): THIRD RESPONDENTS IN THE OPMV: ---------------------------------------------------------- THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE THRISSUR, REPRESENTED BY THE MANAGER, UNITED INDIA INSURANCE CO.LTD., OFFICE OF THE REGIONAL MANAGER, HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENT(S): RESPONDENTS 1&2 IN THE OPMV ------------------------------------------------------------- 1. SREEDHARAN, S/O.SIVASANKARAN, VELLALATH HOUSE, KUMARANELLOOR P.O., WADAKKANCHERY, THRISSUR DISTRICT. 2. MOHAMADALI, S/O.ABDUL KADHER, PARAKKAL HOUSE, VAZHAKODE P.O., MULLOORKKARA. 3. NOUSHAD, S/O.UNNIANKUTTY, PUTHUKULAM HOUSE, MARATHUKUNNU DESOM, ENKAKKAD P.O. ADV. SRI.SANTHEEP ANKARATH FOR R1 SMT.BINDU GEORGE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1271 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)3879/03. The claimant, a rider of a motor bike, sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.28,100/-. The insurance company had contested the case u/s 170 of the M.V.Act. 2. Heard the learned counsel for the insurance company as well as the claimant. It is contended by the learned counsel for the insurance company that the Tribunal has totally erred in arriving at a decision on the question of negligence by ignoring to look into the scene mahazar which has been produced before Court and marked as Ext.A2. The learned counsel also gave me a copy of the scene mahazar for perusal. M.A.C.A. 1271 OF 2009 -:2:- 3. Motorbike was proceeding from east to west and the auto rickshaw was coming from west to east. The road is having a width of 4 mtrs. at the place of accident. As per the scene mahazar the accident had taken place on the northern side of the road rather than western extremity which will be the wrong side for the motorcyclist. Unfortunately the Tribunal did not refer to that document at all. The claimant was not examined also. The Tribunal on the basis of Ext.A3 charge sheet found negligence against the driver of the auto rickshaw and decided the matter. I cannot dwell deep into the matter for the reason the documents produced are available with the Tribunal and parties can explain it as well and a decision can be taken. But it is imperative that the documents produced should be considered and discussed before passing an order. Therefore I set aside the award passed by the Tribunal and remit the case back to the Tribunal with a direction to permit the insurance company as well as the claimant to produce documentary as well as oral evidence in support of their respective contentions and then M.A.C.A. 1271 OF 2009 -:3:- the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 23.4.2010. M.N. KRISHNAN, JUDGE. ul/-