IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 MACA.No. 2334 of 2010() ------------------------------ OPMV.1107/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S)/PETITIONER IN O.P.(MV) ------------------------------------------------ P.V.JAYANDAS, S/O.KRISHNANKUTTY AGED 52 YEARS, RESIDING AT 2/2444 B,VALAPPIL HOUSE DR.AMBEDKAR COLONY ROAD, P.O.MALAPARAMBA, KOZHIKODE DISTRICT BY ADVS. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S)/RESPONDENTS IN O.P.(MV) ----------------------------------------------------- 1. MUSTHAFA KAMALI, S/O.MOIDEEN GURUKKAL AGE NOT KNOWN PUTHUSERY HOUSE P.O.NARUKARA, MANJERI, MALAPPURAM DIST-676121 2. E.HAMZA, S/O.BEERAN, AGE NOT KNOWN RESIDING AT PULIKKALAM KUNNATH HOUSE P.O.MORAYUR, MAVATH PARAMBA HARIJAN COLONY, MALAPPURAM DISTRICT.-685620 3. NATIONAL INSURANCE CO/LTD,DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE DISTRICT-673001 R1 & R2 BY ADV. SRI.P.SAMSUDIN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2334 OF 2010 = = = = = = = = = = = = = = = Dated this the 11th day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1107/07. The claim petition relates to damages sustained by a car in a road accident. Unfortunately the claimant did not produce positive materials before the Tribunal. The charge sheet was not produced, the A.M.V.I. Report was also not produced and a surveyor's report alone was produced which the Court found that it was prepared without notice to the respondents. I do not want to say further on these matters but let the substantial justice does not fail and so I am inclined to give an opportunity. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the Tribunal to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The claimant is directed to take out M.A.C.A. 2334 OF 2010 -:2:- notice to all concerned after he enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 22.12.10. M.N. KRISHNAN, JUDGE. ul/-