IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 MACA.No. 1918 of 2005() ----------------------- OPMV.692/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER. -------------------- P.T.SANTHOSH KUMAR @ SANTOSH, S/O.THANKAPPAN, PULICHAMACKAL PODIMATTOM, KANJIRAPPALLY NOW RES.AT.PARAYIL, NAGAMPADOM, KOTTAYAM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: RESPONDENTS. ------------------------- 1. N.K.RAJU, NJALIMACKAL, KOTHALA PO, PAMPADY, KOTTAYAM. 2. P.K.KUMARAN, OLICKAL HOUSE, VECHOOCHIRA P.O. KAKKUDUKKA. 3. THE NEW INDIA ASSURANCE CO.LTD., CHANGANACHERRY. ADV. SRI.JOY GEORGE - R3 SMT.GIRIJA.L. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA. 1918 of 2005 - D - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2010 Judgment Basheer, J: Appellant allegedly sustained certain injuries in a road traffic accident that occurred on June 26, 2000. According to the appellant, he was knocked down from his two wheeler by a stage carriage bearing registration No.KL 5 D/ 9695 owned by respondent No.1 and driven by respondent No.2. The offending vehicle was insured with respondent No.3. The appellant claimed a total sum of Rs.8,43,250/- towards compensation from the owner, driver and insurer of the alleged offending vehicle. 2. Respondent No.3 Insurance Company admitted policy coverage. However it was contended that appellant was also guilty of contributory negligence. 3. When the case was taken up for consideration, it was noticed by the Tribunal that the appellant had not produced any documents to substantiate his claim for the huge amount of compensation. In fact appellant had produced only Ext.A1 First Information Report and Ext.A1(a) F.I. Statement. Ext.B1 wound certificate produced by the respondent indicated that the appellant had sustained MACA.1918/2005. : 2 : fracture of humerus, fracture of both bones of forearm and fracture of lateral condyle tibia. Even in the absence of any medical records the Tribunal awarded a sum of Rs.26,500/- to the appellant and directed the Insurance Company to pay the same. The above award is under challenge in this appeal. 4. The appellant has produced large number of medical bills before this Court which according to the appellant would come to Rs.32,907.86. He has also produced a disability certificated issued by an Orthopaedician attached to the Medical College Hospital, Kottayam. 5. It is contended by the appellant that his failure to produce the above documents was not intentional or wilful. 6. Having regard to the peculiar facts and circumstances of the case we are of the view that appellant can be granted an opportunity to adduce evidence in support of his case before the Tribunal. It will be open to the Insurance Company also to adduce further evidence, if so advised. However the appellant shall be afforded the above opportunity only on condition that he pays a sum of Rs.5,000/- as cost to respondent No.3 Insurance Company. MACA.1918/2005. : 3 : The cost shall be remitted by the appellant before the Tribunal within two weeks from the date of receipt of a copy of this judgment. If default is committed in remittance, the appeal will stand dismissed. If the cost is paid the Tribunal shall pass a fresh award after affording sufficient opportunity to the appellant and respondent No.3 to adduce further evidence in the case. 7. Appellant and respondent No.3 shall appear before the Tribunal on December 20, 2010. The Registry shall return the documents produced by the appellant to him, if such a request is made. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.