IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MACA.No. 2740 of 2008(F) ------------------------------------- OP(MV).NO.663/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/ PETITIONER IN THE O.P.(MV): -------------------------------------------------------------- SAROJINI.P., W/O. VELAYUDHAN, AGED 47 YEARS, PALAKKAMANNIL HOUSE, CHATHAMANGALAM P.O., KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN, ADV. SMT.LATHA PRABHAKARAN. RESPONDENTS/ RESPONDENTS IN THE O.P.(MV): ----------------------------------------------------------------------- 1. ABDULSALAM, AKKARATHODIKA HOUSE, CHATHAMANGALAM, ARAYANKODE, CALICUT. 2. ABDUL SATHAR, S/O. HUSSAIN, AGED 28 YEARS, MOONNUPOKKIL HOUSE, P.O.VELLAISSERY, REC, KOZHIKODE. 3. NATIONAL INSURANCE CO.LTD., D.O.II, P.B.NO.811, NOOR COMPLEX, MAVOOR ROAD, NEAR ARAYIDATHUPALAM, CALICUT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2740 OF 2008 = = = = = = = = = = = = = = = Dated this the 26th day of November, 2008. J U D G M E N T I am disposing of the matter at the admission stage itself and I do not want to drag all the parties to this Court as the matter requires reconsideration in the light of the document produced before the Tribunal itself. This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)663/01. The claimant, a lady, sustained injuries in a road accident. At the time of first information statement the number of the vehicle was given as KL11/L/8623. The respondent namely the owner filed a written statement contending that the number of the offending vehicle is KL11/B.6664. Accordingly the claim petition has been amended also. The Tribunal dismissed the application on the ground that the number shown in the F.I.R. is KL11/L/8623 and there is no evidence before Court to hold that the vehicle involved was KL11/B.6664. I am informed that a certified copy of the charge sheet has been M.A.C.A. 2740 OF 2008 -:2:- produced as Ext.B1. It would clearly indicate that the vehicle involved in the accident is KL11/B.6664. It appears that the Tribunal has lost sight of that document in arriving at the decision. Therefore the matter requires reconsideration. Hence, the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration with a direction to the Tribunal to permit the parties to produce documentary as well as oral evidence in support of their respective contentions. Since I am disposing of the matter at the admission stage itself I direct the claimant to take out notice to the respondents after he enters appearance before the Tribunal. The claimant is directed to appear before the Tribunal on 31.12.08. M.N. KRISHNAN, JUDGE. ul/-