IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 20TH NOVEMBER 2007 / 29TH KARTHIKA 1929 MFA.No. 1068 of 1998(B) ----------------------------------- OPMV.1104/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT- PETITIONER: ---------------------------------- KUNNATH SAJEEVAN, S/O. BALAN, BAUVKKA PARAKKANDI HOUSE, NR., KAVINMOOLA P.O., MAMBA, VIA ANJARAKKANDY, KANNUR. BY ADV. SRI.MUHAMMED MUSTHAQUE RESPONDENTS - RESPONDENTS: -------------------------------------------- 1. SAJEENDRAN S/O. RAMAN, CHANDROTH HOUSE, KAVINMOOLA, P..O. MAMBA, KANNUR DISTRICT. 2. K. SREEDHARAN, S/O. KUNHAPPA, BHAVUKKAPARAKANDI HOUSE, KAVINMOOLA, P.O. MAMBA, KANNUR DISTRICT. 3. THE ORIENTAL INSURANCE CO. LTD., KANNUR. BY ADV. SRI.P.V.JYOTHI PRASAD THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = = = = = = = M.F.A. NO. 1068 OF 1998 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 20th day of November, 2007 J U D G M E N T --------------------------- Petitioner in O.P(MV) No.1104 of 1995 on the file of the Motor Accidents Claims Tribunal, Thalassery, is the appellant. Petitioner filed the O.P. claiming compensation alleging that he sustained injuries in a motor vehicle accident. It was averred that on 20.1.1995 petitioner was travelling in an Autorikshaw bearing Reg. No.KL-13/3846, driven by the first respondent. It was further averred that on account of the negligence of the driver of the Autorikshaw, the same capsized and petitioner sustained injuries. He claimed a compensation of Rs.68,000/-. Owner and driver of the Autorikshaw did not contest. Insurer alone contested the case. Negligence alleged was denied. Quantum of compensation claimed was also disputed. 2. Tribunal dismissed the application solely on the ground that when the case was posted for evidence on several occasions, petitioner did not appear and give evidence. Petitioner has produced a number of documents before this M.F.A. NO. 1068 OF 1998 -: 2 :- Court to prove the negligence and also claim. 3. Considering all aspects of the matter, I am of the view that it is only just and proper that the appellant be given an opportunity to prove his case. For that purpose, the award passed dismissing the Original Petition is to be set aside and the case is to be remanded to the Tribunal with a direction to dispose of the matter afresh in accordance with law. 4. In the result, appeal is allowed. The award passed by the Tribunal dismissing the O.P. is hereby set aside. The case is remanded to the Tribunal. The Tribunal is directed to take O.P(MV) No.1104 of 1995 back to file and dispose of the same afresh in accordance with law after giving the parties opportunity to adduce evidence, if so advised. Parties are directed to appear before the Tribunal on 22.1.2008. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ================================ M.F.A. NO. 1068 OF 1998 =============================== J U D G M E N T ------------------------------------------------------ 20TH NOVEMBER, 2007