IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 MACA.No. 1413 of 2009() ----------------------------------- OPMV.1422/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ------------------------------------ KUNJU BAVA, S/O. MYTHEEN KALLUMKAL HOUSE, CHERUVATTOOR PO ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. MR.P.V.ELIAS RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. P. VENUGOPAL, POYYAKKARA HOUSE NEELESWARAM P.O.,KALADY. 2. P.M. ISMAIL, S/O. MYTHEEN PADATHALUNNKAL HOUSE, CHERUVATTOOR P.O., ERAMALLOOR VILLAGE, KOTHAMANGALAM. 3. THE ORIENTAL INSURANCE COMPANY LTD., KOTHAMANGALAM BRANCH. R3 BY ADV. MR.A.R.GEORGE, SC, ORIENTAL INSURANCE CO. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1413 OF 2009 ............................................. Dated this the 14th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Muvattupuzha in OP.(MV)No.1422/2004. It is the case of the claimant that he had sustained injuries in a road accident while he was hit by an autorickhsaw. He was treated in two hospitals namely Nangelil Hospital, Kothamangalam and Nirmala Medical Centre, Muvattupuzha. The document produced from Nangelil Hospital did not reveal the case of a road traffic accident but the accident was on 19.6.2004 and immediately on 21.6.2004 he had gone to Nirmala Meidcal Centre where he had informed the doctors that the cause of injury was on account of a road traffic accident. Thereafter he had set the law in motion only after one and a half months. A perusal of the document would show that he had an undisplaced fracture of left medial malleolus and his leg was under plaster cast for 3 to 4 weeks. So, there is some reasonable explanation for the delay in setting the law in motion. If he had really sustained : 2 : M.A.C.A.NO.1413 OF 2009 injuries in a road accident, certainly he is entitled to get the compensation. The learned counsel would contend before me that he will examine the doctor, summon the case diary and prove to the satisfaction of the court that the claimant sustained injuries on account of the road accident. I do not want to deprive such an opportunity, if it is true. 2. Therefore, the award under challenge is set aside and the mater is remitted back to the Tribunal for a fresh consideration after permitting all concerned to adduce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 9.11.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.1413 OF 2009 M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.1413 OF 2009