IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 MACA.No. 2262 of 2007() ----------------------- OPMV.1082/1998 of II ADDL. M.A.C.T., KOZHIKODE .................... APPELLANT/PETITIONER: ---------------------------------------- SAJITH, AGED 8 YEARS, SON OF K.VELAYUDHAN, KOODATHULUMMAL, MURIYANAL, KUNNAMANGALAM POST, KOZHIKODE, DATE OF BIRTH OF THE APPELLANT IS 19-2-1989 AND HE IS A MAJOR NOW. BY ADV. MR.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. *(E.SULAIMAN, SON OF KOYAMU HAJI, EDAVATHU HOUSE, KUNNAMANGALAM, P.O.PADANILAM, KOZHIKODE DT.) D I E D - LR'S IMPLEADED: 2. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, MANUELSON'S TOWERS, GH ROAD, KOZHIKODE. *R3 IMPLEADED: SUPPLEMENTAL RESPONDENT: ------------------------------------------------ 3. KADEEJA, W/O.LATE E.SULAIMAN, S/O. KOYAMU HAJI, EDAVATHU HOUSE, KUNNAMANGALAM, P.O. PADANILAM, KOZHIKODE DISTRICT. *LEGAL REPRESENTATIVE OF THE DECEASED R1 IS IMPLEADED AS SUPPLEMENTAL R3 AS PER ORDER DTD. 11/11/09 IN I.A.536/09. R2 BY ADV. SMT.SARAH SALVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2916/07 IN MACA NO.2262/2007 DISMISSED 12/01/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2262 OF 2007 = = = = = = = = = = = = = = = Dated this the 12th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1082/98 The claimant, a minor boy, is alleged to have sustained injuries in a road accident as a hit by a mini lorry while he was returning from a shop. The insurance company had raised a half hearted contention and would also submit that the accident took place when the boy attempted to cross the road. But when the wound certificate is produced on the date of admission it is stated to be that the injury is on account of a fall from a slope and later corrected as one happened on account of a hit by a mini lorry. The Tribunal found that it is a cooked up case for claiming compensation and dismissed the case. Documents produced are only FIR, wound certificate and a discharge card. Learned counsel for the appellant had made available before me for perusal the documents relating M.A.C.A. 2262 OF 2007 -:2:- to the case including the charge sheet, scene mahazar deposition etc. On going through the same I feel there is a case which requires consideration at the hands of the Tribunal after permitting all concerned to produce evidence. Therefore the order under challenge is set aside and the matter is remitted back to the Tribunal with a direction to consider the matter afresh with a further direction to the appellant to produce documentary as well as oral evidence in support of its contentions. Needless to say the insurance company can also produce documentary evidence in support of its contentions. Parties are directed to appear before the Tribunal on 22.2.2010. M.N. KRISHNAN, JUDGE. ul/-