IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 MACA.No. 1737 of 2006() ----------------------------------- OPMV.1604/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER ------------------------------------- A.T.KUNHIRAMAN, S/O. POKKEN, AGED 61 YEARS, ARAYANTHURUTHI HOUSE, KUNNAVA, P.O.ALAVIL, KANNUR-2. BY ADV. SRI.M.V.AMARESAN RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. MARIYAN VEETTLE BABU, S/O. RAGHAVAN, AGED 30 YEARS, ELAYAVOOR AMSOM, MUNDAYAD DESOM, P.O.MUNDAYAD, KANNUR DISTRICT. 2. N.A.HAREENDRAN, ARAYAKANDY HOUSE, P.O.PALLIKUNNU, KANNUR. 3. ORIENTAL INSURANCE CO. LTD., SOUTH BAZAR, KANNUR. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1737 OF 2006 ===================== Dated this the 17th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)No.1604 of 2000. The claimant is alleged to have sustained injuries in a road accident on 15.12.1999. Instead of producing the case records relating to Crime No.779 of 1999, the claimant produced the case records relating to Crime No.14 of 2000, which according to the learned counsel is a bona fide mistake committed and in an earlier case, wherein also the same mistake was committed. This Court had set aside the award and granted an opportunity to the claimant therein to produce the real documents. It appears that by mistake the documents produced were interchanged which resulted in dismissal of both the cases. Being a beneficial legislation intended to confer benefit on the affected victims it is desirable to give an opportunity to supply proper documents for a proper disposal. Therefore I set aside the award passed by the Tribunal and remit the case back to it with a direction to the parties to produce proper documents for consideration and permit both parties to adduce both MACA 1737/2006 -:2:- documentary and oral evidence as they choose to do and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 29.12.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-