IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 MACA.No. 2031 of 2007() ----------------------- OPMV.463/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- USSAIN, S/O. AHAMMEDKUTTY, THEKKEPURATH HOUSE, KOOLALUR, MARUTHUR P.O., PATTAMBI, NOW RESIDING AT C/O. AHAMMEDKUTTY, NALLEPULLY, CHITTUR TALUK, PALAKAKD DISTRICT. BY ADV. SRI.A.R.GANGADAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. T.K. KANNANKUTTY, S/O. RAMATHARAKAN, THOZHIKUNNATH HOUSE, VELLINNEZHY. 2. THE MANAGING PARTNER, MAYILVAHANAM TRANSPORT, SHORNUR. 3. UNITED INDIA INSURANCE CO. LTD., G.B. ROAD, PALAKKAD. ADVS. SRI.VINOD SINGH CHERIYAN FOR R2 SRI. R. SUDHISH FOR R2 SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2031 OF 2007 --------------------------------- Dated this the 19th day of January, 2009 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Palakkad in O.P.(MV) No.463/99. The claimant in O.P. 463/99 is the owner of the motorcycle alleged to have been involved in the accident. The tribunal after consideration of the materials had dismissed the case. 2. I had perused the documents relied on by the tribunal namely the scene mahazar. The tribunal has observed that the accident had taken place 80 cms south from the northern tar end. But a perusal of the scene mahazar would show that the bus was lying in that place. A perusal of the entire scene mahazar would show that there is some confusion and so it was the duty of the petitioner to adduce evidence regarding the factum of negligence. Unfortunately no oral evidence had been tendered in this case at all and therefore the tribunal did not get the real picture and no attempt is made to explain to the court regarding the place of the accident. Therefore the matter requires reconsideration at the hands of the tribunal. M.A.C.A.No. 2031/2007 -2- Therefore the award under challenge is set aside and the matter is remitted back to the tribunal with a direction to tribunal to permit the appellant as well as the respondents to adduce evidence in support of their respective contentions and matter to be decided afresh in accordance with law. It is desirable that notice is taken out to the driver by the claimant after he enters appearance before the tribunal once again. Parties are directed to appear before the tribunal on 26.2.2009. M.N. KRISHNAN,JUDGE vkm