IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 MACA.No. 2302 of 2008() ----------------------- OPMV.1149/1998 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): PETITIONER: --------------------------------------------- ABDUL SALAM, S/O.MUHAMMED KUNJU, KANJIYIL THEKKATHIL, PUTHEN SANGETHAM MURI, KOIVILA. BY ADV. MR.PRATHEESH.P RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. SETHUKUTTAN PILLAI, S/O.RAGHAVAN PILLAI, KALIYAZHETHU PUTHEN VEEDU, MUKUNDAPURAM, CHAVARA. 2. ABIDA M.SIDDIQUE, THADATHIL PUTHEN VEEDU, VENGA, SASTHAMCOTTA. 3. THE MANAGER, ORIENTAL INSURANCE COMPANY LIMITED., THODUPUZHA BRANCH. R3 BY ADV. DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2302 OF 2008 ............................................. Dated this the 13th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kollam in OP(MV)No.1149/1998. The claimant sustained injuries in a road accident and the Tribunal had awarded him a sum of Rs.6,000/= with 6% interest. 2. The questions that arise for determination are one regarding inadequacy of the compensation and other regarding coverage of the vehicle involved in the accident. In the order itself number of the vehicle is shown in different ways. Actually the vehicle involved in the accident is KL 2 A 5470. The learned counsel for the appellant had made available before me a copy of the policy issued by the Oriental Insurance Company for the period from 26.11.1995 to 26.11.1996. It is in the name of one Aleena M. Sadique whereas, the present respondent is Abida M. Siddique. But the vehicle is the same. If the vehicle is the same and the policy relates to the period mentioned above, then there may : 2 : M.A.C.A.No.2302 OF 2008 be coverage. It is a matter that has to be probed into and therefore, an opportunity can be given for the claimant to produce copy of the policy for proper consideration by the Tribunal. Since the matter has to go back, the Tribunal may also consider regarding adequacy of the compensation granted.. 3. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then decide the matter in accordance with law. The claimant is directed to take out fresh notice to the owner of the vehicle for a proper disposal of the case as his junction is absolutely necessary. Parties are directed to appear before the Tribunal on 22.02.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2302 OF 2008