IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 MACA.No. 2928 of 2008 -------------------------------- OP(MV) No.1509/2003 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------- JAMSHID K.K., AGED 21 YEARS, KALLUKUDUMBIL HOUSE, KARUMALA P.O, BALUSSERY (VIA), KOZHIKODE DISTRICT. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. UMASANKAR , S/O. UNNIKRISHNAN, RESIDING AT MAPPILADATH HOUSE, BALUSSERY (VIA), KOZHIKODE. 2. RAMESAN M.J., S/O.KUNHIRAMAKURUP, RESIDING AT MEETHALE THIRUMOTH HOUSE P.O., KUNNATHARA, QUILANDY, KOZHIKODE. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MAVOOR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- M.A.C.A.No.2928 of 2008 ------------------------------------------ Dated, this the 8th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV) No.1509 of 2003. The claimant sustained injuries in a road accident and the Tribunal has awarded him compensation of Rs.2000/-. It is against that decision the claimant has come up in appeal. 2. The grievance of the Tribunal appears to be that the claimant did not present himself inspite of the specific direction. Though Ext.A3 series of documents were produced, the Tribunal only awarded Rs.2000/-. The learned counsel for the appellant would contend before me that a petition along with documents was filed to reopen the case and accept the wound certificate. But no reference is seen to have been made to that application at all, and if the said wound certificate is proved it can be seen that the claimant has sustained a fracture on the lateral malleolus. Therefore, I feel that the matter requires reconsideration and for that purpose all the parties need not be directed to come to this Court. 3. Therefore, I set aside the award and send it back to the Tribunal for fresh consideration with a direction to the appellant to be present before the Court and the trial court shall examine him and mark the documents and then dispose of the matter in accordance with law. I M.A.C.A.No.2928 of 2008 2 make it further clear that the claimant has to take out fresh summons to all the respondents after he enters appearance before the Tribunal. The appellant is directed to appear before the Tribunal on 18.2.2009. M.N.KRISHNAN, JUDGE vns