IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 MACA.No. 1698 of 2010() ------------------------------ OPMV.438/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER --------------------------------- T.ASEER S/O.HASSAN, 24 YEARS, THUNDIYIL HOUSE, NEAR HYDROSE MOSQUE, KAKKAT P.O., KATTALI, KANNUR 670 016, PEZHATHI AMSOM, KANNUR TALUK AND DISTRICT. BY ADVS. SRI.P.A.ABDUL JABBAR SRI.C.K.RAFEEK RESPONDENT(S): RESPONDENTS --------------------------------------- 1. C.UBAIDULLA, S/O.ABDUL RAHIMAN, CHEPPILLAT HOUSE, AZHIKODE AMSOM, POOTHAPARA, P.O.AZHIKODE, KANNUR TALUK AND DISTRICT. 2. A.NIZAR, ARAKKAL HOUSE, P.O.AZHIKODE, KANNUR DITRICT. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.75, LAZMI BAZAR, DHUMMI COMPLEX, CHITRADURGA. R3 BY ADV. SRI.K.SANDESH RAJA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs M.N. KRISHNAN,J. ........................................... M.A.C.A.NO.1698 OF 2010 ............................................. Dated this the 17th day of January, 2011. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thalassery in O.P.(MV)No.438/2004. The Tribunal had dismissed the application on the ground that the petitioner was absent on the day when it was posted for evidence. 2. It is true that it has been recorded that the petitioner is not entitled to get any compensation. The trend of the decisions of this Court would reveal that as far as possible the motor accidents claims tribunal cases shall not be dismissed for default because it affects the victims involved in the road accident. Further, the reasons given in the Memorandum of Appeal are also cogent which persuade me to give an opportunity to the appellant to conduct the case. 3. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a : 2 : M.A.C.A.NO.1698 OF 2010 direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 24.02.2011. If other side does not appear, the claimant is directed to take out notice to them for an effective disposal of the matter. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1698 OF 2010 M.N. KRISHNAN, J. ........................................... M.A.C.A/A.S/C.R.P.NO.OF ............................................. 17th January, 2011. J U D G M E N T/O R D E R