IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 MACA.No. 439 of 2009(B) ---------------------- OPMV.612/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT(S)/PETITIONER: ------------------------------------ A.RAGHAVAN, S/O. AYYAPPAN, AKKARAKATTIL HOUSE, KAINATTY, KALPETTA NORTH POST, VYTHIRI TALUK, WAYANAD. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S)/RESPONDENTS: ------------------------------------------ 1. GURUMOORTHY, S/O. VENKITESWARAN, PADIKKANDI HOUSE, ISHTIKAPPOYIL, MANLYANKODE POST, VYTHIRI TALUK. 2. VENKITESWARAN, S/O. KARIYACHERIYA, 301-1, ISTIKAPPOYIL, MANIYANKODE POST VYTHIRI TALUK. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE,P.B. NO. 41,MAIN ROAD, KALPETTA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 439 OF 2009 = = = = = = = = = = = = = = = Dated this the 16th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Wayanad in O.P.(MV)612/01. The claimant who sustained injuries in a road accident has been awarded a compensation of Rs.3,650/-. Dissatisfied with the quantum as well as the exoneration of the insurance company the claimant has come up in appeal. The Tribunal refused to cast the liability on the insurance company for the reason that the policy did not show the registration number of the vehicle. In all cases it may not be possible for the reason that some times policy would have been taken before the Registration number is given. So materials can be supplied in the form of engine number so that if tallied one can hold that there is also a policy. The learned counsel also submits that the injury sustained are of a serious nature and not of simple nature and the quantum also requires interference. Since the matter has to go back I give an opportunity to agitate that point also. M.A.C.A. 439 OF 2009 -:2:- In the result the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the appellant herein to produce both documentary as well as oral evidence in support of his contentions regarding the existence of a policy as well as the quantum of compensation and then dispose of the matter in accordance with law. Since the insurance company has not appeared before this Court on the delay condonation application and as their junction is necessary I direct the claimant to take out notice to all the respondents after he enters appearance before the Tribunal. The claimant is directed to appear before the Tribunal on 16.12.2009. M.N. KRISHNAN, JUDGE. ul/-