IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 MACA.No. 1818 of 2010 ------------------------------------- OPMV.212/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ---------------------------------------- K.MUHAMMADALI, S/O.K.MOYIN, 'RAREERAM', KALLAI HOUSE, P.O.NILAMBUR, MALAPPURAM DISTRICT, PIN - 679 329. BY ADV. SRI.SAJU.S.A RESPONDENT(S): RESPONDENTS ------------------------------------------------------ 1. NISHAD, S/O.ABDURAHIMAN, MUTHIRI HOUSE, CHUNGATHARA, MALAPPURAM DISTRICT, PIN - 679 334. 2. MUHAMMED HANEEFA, S/O.MUHAMMED, MATTIL HOUSE, P.O.KONDOTTY, KOZHIKODE DISTRICT, PIN - 673 638. 3. THE UNITED INDIA INSURANCE COMPANY LTD., NILAMBUR P.O., PIN - 679 329. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1818 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September 2010 JUDGMENT Basheer, J. Having heard learned counsel for the appellant and having perused the order impugned in this appeal, we do not deem it necessary to issue notice to the respondents. 2. Appellant had instituted a petition seeking compensation under Section 166 of the Motor Vehicles Act for the alleged injuries sustained by him in a road traffic accident. It appears that when the claim petition came up for consideration on June 10, 2008 a request was made on behalf of the appellant to adjourn the case. But the Tribunal refused to accede to the above request and dismissed the claim petition. Immediately thereafter, appellant filed an interlocutory application for restoration of the claim petition. However, by the impugned order, the Tribunal dismissed the said application holding that the appellant had failed to produce any medical record to show that he was laid up with fever and diarrhoea on the date when the claim petition came up for trial. 3. We are afraid the above view taken by the Tribunal is not at all just or reasonable to say the least. Therefore, the impugned order is set aside. The claim petition is restored to file. The Tribunal shall pass an award in accordance with law after hearing the appellant and the respondents. The Tribunal shall make an earnest endeavour to dispose of the case, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes