IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 MACA.No. 903 of 2008() --------------------------------- OPMV.1021/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): PETITIONER ------------------------ TONY. K.TOM, KIZHAKKEL HOUSE, MATTUKKATTA P.O, IDUKKI DISTRICT. BY ADVS. MR.T.K.KOSHY MR.A.J.WILSON RESPONDENT(S): RESPONDENTS 1 & 2 -------------------------- 1. JOSE THOMAS, PULLATTU HOUSE, AYYAPPANCOVIL P.O. 2. THE NEW INDIA ASSURANCE COMPANY LTD, DIVISIONAL OFFICE, KOTTAYAM. R2 BY ADV. SMT.T.C.SOWMIAVATHY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 903 OF 2008 = = = = = = = = = = = = = = = Dated this the 5th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)1021/02. The claimant, a young man, sustained injuries in a road accident on 28.7.2001. The law was set in motion only on 22.4.2002 but a wound certificate was produced which did show that he has sustained injuries on 28.7.2001 and was treated as an inpatient there upto 9.8.2001 and the cause is shown as RTA. The date of preparation of wound certificate is 15.3.2002. So if really the claimant has sustained injuries in a road accident certainly he should be compensated. Therefore it is absolutely essential to summon the document from the hospital to show that whether the person was treated therein on that specific date and whether the incorporation of road traffic accident was there and also the reason why the hospital authorities have not informed the M.A.C.A. 903 OF 2008 -:2:- police if really it was a road traffic accident. So these are all matters which could be proved by producing the original of the documents and letting in evidence. If such evidence is adduced and the conscience of the Court is satisfied about the involvement of the vehicle in the accident and that the claimant had sustained injuries therein then certainly the matter can be looked at. 2. Similarly, a question whether the vehicle hit on his leg and overturned on him or he sustained injuries while he was travelling in the pick-up van also raises considerable importance for the reason that it may decide the question of liability of the insurance company. So these are all matters that can be looked into and decided by the Tribunal. Since the policy is admitted I am inclined to grant an opportunity. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the claimant as well as the insurance company to contest the case by permitting them to produce both documentary as well as oral evidence in support of their M.A.C.A. 903 OF 2008 -:3:- respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 20.11.2009. M.N. KRISHNAN, JUDGE. ul/-