IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 MACA.No. 2384 of 2009() ---------------------------------- OPMV.572/2000 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------- SASIDHARAN, AGED 56 YEARS, S/O. KRISHNA KURUP, THUVAKOLIL HOUSE, 4/45, KAYALAM POST, MAVOOR, KOZHIKODE DISTRICT. BY ADV. MR.V.S.CHANDRASEKHARAN, SMT.LEKSHMI SWAMINATHAN. RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. NARAYANAN NAIR, AMBALAKANDI HOUSE, CHEROOPA POST, KOZHIKODE DISTRICT. 2. SIVARAMAN, S/O KORU, ARIYATTUPARAMBA, CHEVAYOOR POST, MEDICAL COLLEGE, KOZHIKODE DISTRICT. 3. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, BANK ROAD, KOZHIKODE DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2384 OF 2009 ............................................. Dated this the 3rd day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.572/2000. The claimant had moved an application for damages of Rs.5,000/= caused to the vehicle. According to him, it was hit by a bus KED 4950 insured with the United India Insurance Company. The Tribunal was not happy with the conduct of the claimant for the reason that he did not prove the ownership of the vehicle, he did not mount the box to give evidence and he did not even produce AMV's report to establish his case. 2.The learned counsel for the appellant would submit before me that all those documents are available and if an opportunity is given, he will be able to satisfy the conscience of the court regarding ownership as well as damages sustained to the vehicle. 3. I am inclined to given an opportunity. Therefore the award under challenge is set aside and the matter is remitted : 2 : M.A.C.A.No.2384 OF 2009 back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their contentions and then dispose of the matter in accordance with law. The claimant is directed to take out notice to all respondents after he enters appearance before the court on 02.03.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2384 OF 2009