IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 MACA.No. 1409 of 2005(B) ----------------------- OPMV.1999/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER. --------------------------------------- UDAYAKUMAR, S/O.GANGADHARAN, DEEPA BHAVAN, MOOLAVATTOM P.O. NATTAKOM, KOTTAYAM. BY ADV. SRI.RAJEEV V.KURUP SMT.DEEPTHY.S.NATH RESPONDENT(S): RESPONDENTS. --------------------------------------- 1. SARATHCHANDRAN PILLAI, S/O.CHELLAPPAN PILLAI, VIDHU VIHAR, PALLIMON, SOORANADU. 2. VINDO KUMAR, S/O.RAMACHANDRAN PILLAI, VINOD BHAVAN, NEAR PLAMMOOD JUNCTION, SOORANADU, KOLLAM. 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO.LTD., KOLLAM BRANCH. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1409 OF 2005 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1996/99. The claimant, said to be a police constable, sustained injuries in a road accident. His claim petition was dismissed for the reason that he did not produce any document nor did tender any evidence. The case was taken up on 17.12.99 for judgment and disposed of on 20.12.99. The learned counsel for the appellant would contend before me that the documents were produced on 17.12.99 and the Tribunal could not considered it because it has not been marked and no petition to reopen the case was filed. I do not want to say anything regarding the conduct of the matter but suffice to say natural justice has to be complied with and an opportunity has to be given. Therefore the award under challenge is set aside and the matter is remitted back to the M.A.C.A. 1409 OF 2005 -:2:- Tribunal for fresh consideration by permitting all concerned to produce documentary as well as oral evidence in support of their respective contentions. The appeal is disposed of accordingly. Parties are directed to appear before the Tribunal on 23.12.2009. M.N. KRISHNAN, JUDGE. ul/-