IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 MACA.No. 216 of 2003() ---------------------- OPMV.138/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/CLAIMANT ------------ DR.(MRS.) AMUDHA RAMAKRISHNAN, D/O.T.KRISHNAN,35 YEARS, 'SURYA', CHETTIPEEDIKA, KANNUR-4. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENTS: RESPONDENTS ------------------ 1. KADUKAN MAKKAL THOMAS S/O. VARKEY, 41 YEARS, CHEMBERI, ERUVESI AMSOM, KANNUR. 2. A.CHANDRAMATHI W/O. T.I.NARAYANAN, ANDANDAKRISHNA BUS SERVICE, KANNUR. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, TELLICHERRY. BY ADV. SMT.P.K.SANTHAMMA SRI.A.MOHAMED MUSTAQUE SRI.M.K.SUMOD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No. 216 of 2003 ------------------------------- Dated this the 25th January, 2008. J U D G M E N T The claimant in O.P.(M.V.) No.138/1997, on the file of the Motor Accidents Claims Tribunal, Thalassery , is the appellant. The appeal is filed challenging the award passed by the court below dismissing the original petition filed by the petitioner-appellant. The appellant is the owner of a Maruthi Car bearing Registration No.KED 9816. It was alleged that on 21.10.1995, at about 6.15 p.m., the appellant was proceeding from Kannur to Payyannur in her maruthi car. A stage carriage bus bearing Registration No.KL-13/9079 came from the opposite direction. A collision took place between the car and bus. According to the appellant, the bus was driven by its driver in a rash or negligent manner. Appellant's car sustained damages. She filed the original petition claiming compensation for damages sustained to her maruti car. According to the appellant, accident occurred solely due to the negligence of the first respondent, the driver of the bus. Respondents 2 and 3 were impleaded as the owner and insurer of the vehicle. The insurer alone contested the matter. It was contended that the Insured did not report the accident and produce the vehicular MACA No.216 of 2003 2 documents for verification. The negligence alleged and the quantum of compensation claimed were denied. Before the Tribunal, the appellant produced Exts.A1 to A3. Ext.A1 is the copy of the F.I.R. in Crime No.497/96 of Taliparamba Police Station. Ext.A2 is the copy of the undertaking given by the Conductor of the bus. Ext.A3 is the cash bill issued to the appellant from the workshop. The Tribunal rejected Exts.A1 to A3. It was held that though the accident occurred on 21.10.1995, the complaint was filed only on 19.10.1996. The Tribunal found that there was nothing on record to show that the accident occurred due to the negligence of the driver of the bus. It also found fault with the appellant for not producing the certified copies of the records. It held that Ext.A2 alleged to have been issued by the conductor of the bus cannot be relied upon. It was further held that the appellant failed to adduce necessary evidence. 2. The learned counsel appearing for the appellant submitted that the appellant appeared before the court. But the court was reluctant to take the oral evidence. After hearing both sides, I am of the view that it is only just and proper that the appellant be given an opportunity to substantiate her case, and to adduce further evidence. For that purpose the case has to go back. MACA No.216 of 2003 3 In the result, the appeal is allowed. The order passed by the Motor Accidents Claims Tribunal, Thalassery, dismissing O.P. (M.V) No.138/1997, is hereby set aside. The case is remanded back to the Tribunal. The Tribunal is directed to take Original Petition back to file and dispose of the same afresh, in accordance with law, after affording reasonable opportunities to parties to adduce further evidence. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.216 of 2003 J U D G M E N T Dated: 25th January, 2008. -------------------------------