IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 MACA.No. 649 of 2009() -------------------------------- OPMV.589/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONER ------------------------ RUGMINI, W/O.VIJAYAN, AGED 58 YEARS, KRISHNAVILASAM HOUSE, MARADY KARA, MARADY VILLAGE, MUVATTUPUZHA TALUK. BY ADV. MR.BIJU ABRAHAM RESPONDENT(S): RESPONDENT ------------------------- 1. SRI.BABY, S/O.JOSEPH, VELIANGAL HOUSE, AYAVANNA P.O., MUVATTUPUZHA, ERNAKULAM. 2. SANTHOSH, S/O.SIVASANKARAN NAIR, CHALUMURIPUTHENPURAYIL HOUSE, KALAMBOOR KARA, ENANELLOOR VILLAGE, KOTHAMANGALAM TALUK. 3. NEW INDIA INSURANCE CO.LTD., MUVATTUPUZHA BRANCH. R1 & R2 BY ADV.MR. K.JAJU BABU R3 BY ADV. MR.A.C.DEVY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN,J. ====================== M.A.C.A No.649 OF 2009 ====================== Dated this the 1st day of March 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal in M.C.No. 589/2005. The claimant sustained injuries in a road accident and the Tribunal dismissed the application on the ground that he has not succeeded in proving which vehicle had hit her. The fact that she was hit by a car cannot be disputed and it was a police patrol party who had taken her to the hospital. Unfortunately, it appears from the materials available that those persons were not even questioned. Under this set up it is desirable that an opportunity is given to adduce better evidence, so that the Tribunal may be come in a position to analyse and find out the truth. Therefore, I set aside the award passed by the Tribunal and the matter is remitted back to the Tribunal for fresh consideration with a direction to permit the parities to adduce documentary as well as oral M.A.C.A No.649 OF 2009 2 evidence in support of their respective contentions and then the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 23.3.2010 M.N.KRISHNAN,JUDGE. mns