IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 2697 of 2008() ----------------------- OPMV.2335/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV: ------------------------------------------------------------ K.PRABHAKARAN, S/O.APPU, AGED 70 YEARS, KUTTIKATTIL HOUSE, KEERYADATH PARAMBA, BEYPORE POST, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN OPMV: ------------------------------------------------------------------ 1. T.N.PRAMOD, KUTTANADATH KANDY PARAMBA, KALLAYI POST, KOZHIKODE. 2. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, CHEROOTY ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2697 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of November, 2008. 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)2335/00. It was an application filed by a passenger in an auto rickshaw for sustainment of injuries in a road accident. The Tribunal had dismissed the application mainly on the ground that the wound certificate is not produced. Learned counsel for the appellant had brought to my notice a copy of the wound certificate which he had taken from the Judicial First Class Magistrate Court in crime No.1015/00. It relates to this claimant. It is also submitted by the learned counsel that the said wound certificate is dated 13.7.00 and it had been produced before the Tribunal in 2007 along with the list of documents. Unfortunately, the Tribunal opined that no wound certificate is produced and even suspected collusion between the claimant and the insurance company. If the wound certificate is there in the case bundle then it is very M.A.C.A. NO. 2697 OF 2008 -:2:- sad that comments are made without proper perusal. Therefore I feel interference is necessary and I do not propose to invite all the parties to this Court and give an order of remand and justice can be met by directing the claimant to take out notice to all the parties from there. 2. In the result the award under challenge is set aside and the matter is remitted back to the Tribunal and the appellants as well as other parties are permitted to adduce evidence in support of their contentions and the matter be disposed of in accordance with law. The Tribunal shall also send a report whether the wound certificate is there in the case bundle and if it is there the reason for not referring to it. The appellant is directed to appear before the Tribunal on 30.12.08. M.N. KRISHNAN, JUDGE. ul/-