IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 MACA.No. 440 of 2008() ---------------------- OPMV.1633/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER ------------------------ BABY,S/O.THOMAS, KALAPPURAYIL HOUSE, PALAKUZHA KARA, PALAKUZHA VILLAGE. BY ADV. SRI.C.DILIP SRI.SAJU.S.A RESPONDENTS/ RESPONDENTS ------------------------------------- 1. EALIAS C.K,S/O.CHACKO KURIVILA CHOONDAPARAYIL HOUSE, MEKKADAMPU KARA, VALAKOM VILLAGE. 2. BIJU GEORGE ABRAHAM CHALAPURATHU HOUSE,VARIKOLY PO, PUTHENCRUZ. 3. M/S.UNITED INDIA INSURANCE CO.LTD 2ND FLOOR,MARIKANAMPARAMBIL BUILDINGS LAYAM RIAD, THRIPUNITHURA, KOCHI 682 301. ADV. SRI.RAJAN P.KALIYATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 440/08 ORDER ON IA No. 563/08 IN MACA No.440/08 DISMISSED 6.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 440 OF 2008 --------------------- Dated this the 6th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 1633/04. The claimant had filed an application for damages. During the pendency of the same, he moved an application for withdrawal of the same with liberty to file fresh petition. The Tribunal did not permit the claimant's prayer for withdrawal and dismissed the claim petition itself. I feel it was not proper on the part of the Tribunal to dismiss the application even without giving an opportunity to the claimant to proceed with the present application. Therefore, interest of justice requires that the claim petition has to be restored. Therefore, the order under challenge is set aside and the claim application is restored. The Tribunal is directed to give reasonable time to the claimant as well as the Insurance Company to adduce documentary as well as oral evidence in support of their respective contentions. Parties are directed to appear before the Tribunal on 24.11.08. M.N.KRISHNAN, JUDGE vps 2