IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 MACA.No. 2539 of 2010() ------------------------------ OPMV.1383/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER --------------------------------- C.M.LAJEESH, S/O.LAKSHMANAN, AGED 25 YEARS, SREE SHYLAM, PANANKAVU, CHIRAKKAL P.O., KANNUR TALUK. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): RESPONDENT. ------------------------------------- 1. C.P.RANJITH, S/O.BALAN, AGED 37 YEARS, KARUVANKANDY HOUSE, MUNDERI AMSOM, EACHUR DESOM, MUNDERI P.O., KANNUR DISTRICT-670 591. 2. P.K.LAKSHMANAN, S/O.P.AMBU, SHEENA, ALAVIL POST, KANNUR – 670 008. 3. THE ORIENTAL INSURANCE CO. LTD, DIVISIONL OFFICE NO.1, P.B.NO.631, UNITY COMPLEX, KANNUR-1. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2539 OF 2010 ............................................. Dated this the 13th day of December, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thalassery in OP(MV)No.1383/2005. The claim petition was dismissed for non prosecution, but it was observed that the petitioner has failed to prove his case. 2. It is true that the claimant or the counsel is not expected to be lethargic and that they should co-operate with the Tribunal for a proper disposal of the matter. Being a welfare legislation, time and again this Court has cautioned that such claims shall not be dismissed for default. So applying the broad principles of natural justice, I am inclined to grant an opportunity. 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 both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since I am allowing the appeal at the : 2 : M.A.C.A.NO.2539 OF 2010 admission stage itself, the claimant is directed to take out notice to all the respondents after he enters appearance before the trial court. The appellant is directed to appear before the trial court on 24.01.2011. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.2539 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T