IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 931 of 2005(A) ----------------------- OPMV.1845/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: ----------------------------------- A.K.ABDUL RAZACK, AGED 47 YEARS, S/O.ABDUL KAREEM, CHANGALA MOOLAYIL HOUSE, BEHIND OF BHARATA MATHA COLLEGE, THRIKKAKKARA BMC.P.O. KOCHI 21, AND NOW RESIDING AT KURUPAMCHIRA LANE, KURUPAM BHAGOM, ELEMAKKARA PO,' KALOOR, COCHIN 26. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS/ RESPONDENTS: --------------------------- *1. SADANANDAN, S/O.SIVARAMAN, KAITHAVALAPPIL HOUSE, KORATTY P.O. TRICHUR DISTRICT.{DELETED} [R1 IS DELETED FROM THE PARTY ARRAY VIDE ORDER DT. 26.6.08 IN IA NO.1502/08] 2. JOSEPH.K.C. S/O.CHACKO, KIZHAKKEKUTTY HOUSE, NEAR GOVERNMENT HOSPITAL, VAKATHANAM P.O. KOTTAYAM. 3. HARIDAS, S/O.KARUNAKARAN, LAKSHMI VILASAM, MARADUV VILLAGE, MARADU DESOM, KANAYANNOOR TALUK. 4. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY REGIONAL MANAGER, REGIONAL OFFICE, METRO PALACE, GROUND FLOOR, OPPO.NORTH, RAILWAY STATION, KOCHI 18. ADV. SRI.KRISHNADAS P. NAIR FOR R3 SRI.HARIDAS P.NAIR FOR R3 SMT.K.L.SREEKALA FOR R3 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 931 OF 2005 --------------------- Dated this the 30th day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 1845/95. It is the case of the claimant that while he was pushing his bicycle, a scooter came and hit on him resulting in injuries to him. He had sustained fracture of the calcaneum. The Tribunal after analysis held that the materials available are not sufficient and therefore dismissed the claim application. It is against that decision, the claimant has come up in appeal. 2. A perusal of the award would show that the Tribunal was totally dissatisfied on account of the non-production of the wound certificate. What was pressed into service was only a discharge summary which would indicate that he was admitted on 5.7.94 and discharged on 7.7.94 following an alleged road traffic accident with fracture of the calcaneum. It did not contain the name of the Doctor who had issued the discharge summary. Now at the time of hearing, learned counsel made available before me for perusal a copy of the wound certificate issued by the Medical Centre, Ernakulam, which confirms that what is stated in Ext.A2 is correct. It also shows that the cause of accident is a hit on the cyclist by a scooter and there was fracture of the calcaneum. It is a basic MACA No. 931/05 2 document. If this basic document was produced and proved then certainly the Tribunal would not have taken a decision, which it had taken. 3. Therefore, I find that an opportunity can be given to the appellant to explain the whole thing. It has also to be stated that there had been a considerable delay in impleadment of parties. That has also to be taken into consideration while awarding interest, if ultimately award is to be passed. It has also to be held that the claimant is not entitled to any interest from 1.2.02 till 23.3.05, on which date this appeal is filed. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. All parties are directed to produce documentary as well as oral evidence in support of their respective contentions and it is an open remand. The Tribunal shall dispose of the matter within six months from the date of first appearance of the parties. Parties are directed to appear before the Tribunal on 15.12.08. M.N.KRISHNAN, JUDGE vps MACA No. 931/05 3