IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 MACA.No. 718 of 2008(A) ------------------------------- OPMV.422/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT ---------------------------------- K.K.JOY, S/O.KORA, AGED 40 YEARS, KUZHIMATTATHIL (H), RAMAMANGALAM KARA, RAMAMANGALAM VILLAGE, ERNAKULAM DT. BY ADV. SRI.GEORGIE SIMON RESPONDENT(S)/ RESPONDENTS : ---------------------------------------- 1. NISHAD, S/O.SULAIMAN, KIZHAKKEVATTATHU PUTHENPURAYIL HOUSE, KIZHAKKEKARA, MUVATTUPUZHA VILLAGE. 2. P.B.KABEER KHAN, POTTEKANDATHIL HOUSE, NEAR NGO QUARTERS, MUVATTUPUZHA. 3. ORIENTAL INSURANCE CO.LTD., MARKET ROAD, MUVATTUPUZHA BRANCH. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 718 OF 2008 = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)422/06. The Tribunal has dismissed the claim application on the ground that the claimant has not proved his case. A perusal of the award would reveal that even no written statement was filed by R1 and R3. At least, photocopy of FIR and wound certificate was produced. It has to be remembered that the provisions regarding compensation is intended to confer benefits on the affected victim of a motor accident case. The Court shall not be too technical just like other civil litigations. Therefore interest of justice requires that an opportunity be given to the claimant. So the award under challenge is set aside and the matter is remitted back to the Tribunal and respondents are permitted to file written statement and the claimant is directed to produce photocopy of documents and adduce evidence in support of their M.A.C.A. 718 OF 2008 -:2:- contentions. Parties are directed to appear before the Tribunal on 10.2.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-