IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 1725 of 2008() ------------------------------------ OPMV.2560/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): /PETITIONER -------------------------- DR.K.K.RAJAN, AGED 57 YEARS, S/O.CHANDU, RESIDING AT BLOSSOM, MAYANAD POST, KOZHIKODE DISTRICT. BY ADVOCATE MR. V.S.CHANDRASEKHARAN RESPONDENT(S): RESPONDENTS -------------------------- 1. V.C.BHARATHAN, PALAPARAMBIL HOUSE, MADAVOOR POST, NARIKUNNI-VIA, KOZHIKODE DISTRICT. 2. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, KINGSWAY BLDGS, MAVOOR ROAD, KOZHIKODE DISTRICT. R2 BY ADVOCATE MR. M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.1725 OF 2008 ===================== Dated this the 20th day of January 2009 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.2560 of 2002. The claimant had filed this case claiming damages to the compound wall on account of an accident. The claim is for Rs.27,269/-. The Tribunal awarded a sum of Rs.6,000/- and it is against that decision, the claimant has come up in appeal. 2. It is quite unfortunate that the claimant did not even take care to mark the survey report or adduce any evidence to establish his case. The documents marked will not reveal the nature of damages sustained to the wall. There is nothing to show what was the age of the wall, what was the condition of the wall and what was the length of the wall that was destroyed and therefore the Tribunal has to fix the compensation on a guess work. When a surveyor's report is filed, it was incumbent upon the petitioner to examine the Surveyor to establish the case of damages. It is not done in this case. Learned counsel would contend that if an opportunity is MACA 1725/2008 -:2:- given the materials can be placed to fix the correct damages. I am inclined to grant an opportunity. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal and the Tribunal is directed to permit the claimant to adduce both oral and documentary evidence in support of his contention and then dispose of the matter in accordance with law. Needless to say that the insurance company can also adduce further documentary as well as oral evidence. Parties are directed to appear before the Tribunal on 26.2.2009. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-