IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 MACA.No. 1815 of 2008() --------------------------------- OPMV.203/2003 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------ PARIKUTTY, AGED 56 YEARS S/O.IMBICHI KOYA, MANARAKKAL HOUSE PO.OLAVANNA, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. P.MAMMU, S/O.KOYAKUTTY PUTHUKUDY PARAMBA, PO.POKKUNNU, KOZHIKODE. 2. UNITED INDIA INSURANCE CO.LTD. DIVISIONAL OFFICE-1, WHITELINES KALLAI ROAD, CALICUT. ADV. SRI.T.J.LAKSHMANAN IYER FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1815 OF 2008 --------------------------------- Dated this the 3rd day of December, 2008 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 203/2003. It is the case of the claimant that while he was riding a bike and when he reached near the place of accident on seeing a friend of him, he stopped the vehicle and was talking to his friend and it was at that time the offending vehicle came from behind and hit on the bike resulting in injuries to him. Unfortunately the crime was registered only on the basis of a private complaint filed by the complainant. The claimant did not produce the relevant records like scene mahazar, charge sheet etc. Therefore the tribunal was not happy with the materials available and therefore dismissed the case. 2. I am informed by the learned counsel for the appellant that the tribunal in Kozhikode is not permitting to adduce oral evidence in these type of cases. I do not want to say anything at this stage, but whatever it may be, the materials supplied are grossly inadequate to arrive at a judicial decision. If really an accident had M.A.C.A. 1815/2008 -2- taken place, I do not want to deprive the claimant from getting the benefits under the Act. Therefore I am inclined to give an opportunity and so I set aside the award and remit the case back to the tribunal with a direction to permit the claimant to produce documentary as well as oral evidence in support of his contention and also permit the Insurance Company to prove their contentions and thereafter dispose of the matter in accordance with law. Parties are directed to appear before the tribunal on 5.1.2009. M.N. KRISHNAN,JUDGE vkm