IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 MACA.No. 1497 of 2006() ------------------------------------- (AGAINST THE ORDER IN O.P.(MV) NO.168/1999 IN MACT,KOZHIKODE) APPELLANT/PETITIONER; -------------------------------------- IMBICHAMINABI, AGED 83 YEARS, W/O. UTHANKOYA HAJI, S.M.HOUSE, 20/650, P.O.KALLAI, PANNIYANKARA, KOZHIKODE DISTRICT. REP. BY POWER OF ATTORNEY/SON, S.M.HIFSUR REHMAN, S.M.HOUSE, 20/650, P.O.KALLAI, PANNIYANKARA, KOZHIKODE DISTRICT. BY ADV. SRI.MANJERI SUNDER RAJ RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. K.SHOBHANA, AGED 47 YEARS, W/O. SASIDHARAN, KOYAMBRATH HOUSE, MAKKADA POST, KAKKODI, KOZHIKODE DISTRICT. 2. ASHOKAN, AGED 52 YEARS, S/O. KRISHNAN, PIRIPPIL HOUSE, KOTTOOLI P.O., KOZHIKODE. 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, KINGS WAY BUILDING, MAVOOR ROAD, CALICUT-673 001. BY ADV. SRI.VINOD SINGH CHERIYAN – R1 BY SR.ADV.SRI. MATHEWS JACOB – R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1497 OF 2006 = = = = = = = = = = = = = = = Dated this the 25th day of July, 2008. J U D G M E N T This appeal is preferred against the order of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)168/99. The Tribunal had dismissed the application for default for non taking of steps. Learned counsel for the appellant would contend it was not a deliberate act and if an opportunity is given he will cure the defects and therefore an opportunity be given to him to prosecute the matter on merits. Taking into consideration that it is a motor accident claim and also to comply with the principles of natural justice I am inclined to grant an opportunity. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration and I hope and trust that the appellant will hereafter make arrangements for completion of steps. A reasonable time may be taken to cure the defects and thereafter if default continues, the case may be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 1.9.08. M.N. KRISHNAN, JUDGE. ul/-