IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 MACA.No. 367 of 2009 ---------------------- OPMV.819/2004 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP.(MV). ---------------------------------------------------------- KUMARAN NAIR, S/O. GOPALAN NAIR, AGED 60 YEARS, RESIDING AT PULIYOTH HOUSE, VARITTIYAKKIL, P.O. KUNNAMANGALAM, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OP(MV): ----------------------------------------------------------------- 1. K.BALAKRISHNAN, AGE NOT KNOWN, RESIDING AT BALAKRISHNA NIVAS, P.O. KUNNAMANGALAM, KARANTHOOR, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, SILVER PLAZA BUILDING,INDIRA GANDHI ROAD, KOZHIKODE. (NO APPEARANCE FOR THE RESPONDENTS) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------------------- M.A.C.A. NO. 367 OF 2009 A --------------------------------------------------- Dated this the 19th June, 2009 JUDGMENT Joseph, J. Appellant is the claimant in a petition filed under Section 166 of the Motor Vehicles Act. The tribunal has dismissed the petition. There was no oral evidence. Exts.A1 and A2 were produced. Ext.A1 purports to be a copy of the wound certificate. Ext.A2 series are medical bills. The tribunal found that a photo copy of the FIR attested by the counsel for the appellant/petitioner is seen filed, and production of the unauthorised copy of the FIR would indicate unauthorised access of the appellant and his counsel to the police department. It is further noticed that the appellant did not enter the witness box. Also, the injuries could not be ascertained from the wound certificate. It is also found that there is no evidence to hold that the appellant had undergone surgery. It is further stated that he MACA.367/09A 2 has already received Award under Section 140 on the basis of the disability certificate and it is further stated that the appellant has lost interest. 2. We heard the learned counsel for the appellant. Though served, there is no appearance for the respondents. 3. Learned counsel for the appellant submits that actually there were records before the tribunal. We called for the records. On a perusal of the records, we notice that there is certified copy of the FIR by the Sub Inspector of police, Calicut Station. It is also pointed out by the learned counsel for the appellant that there is an attested copy o f the wound certificate. Learned counsel would also submit that given an opportunity, the appellant will tender evidence and produce evidence before the tribunal. Having regard to the facts and circumstances of the case, we feel that this is a case where the appellant should be given an opportunity to produce evidence. Accordingly, the Award is set aside and the matter is remitted back to the tribunal for further consideration. The date of appearance of the parties MACA.367/09A 3 is fixed as 10.8.2009. The tribunal will issue notice to the parties, for, as already noted, there was no appearance for the respondents. The Appeal is disposed of as above. Send back the records. Sd/= K.M. JOSEPH, JUDGE Sd/= M. L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge