IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 MACA.No. 1298 of 2010(E) ------------------------------------- (O.P(MV).NO.1431/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM) .................... APPELLANT/PETITIONER IN O.P(MV): ------------------------------------------------------ VISAKH V.SUDHAN, S/O.SUDHAN, THULASITHARA HOUSE, AVERMA, MULAKKULAM VILLAGE, VAIKOM TALUK, KOTTAYAM. BY ADVS. SRI.C.S.MANILAL, SRI.S.NIDHEESH. RESPONDENTS: ------------------------ 1. SANAL KUMAR, S/O.BHUVANACHANDRAN, PALLATHUKUZHIYIL HOUSE, ERUMBAYAM, VELLOOR VILLAGE, VAIKOM TALUK, VELLOOR P.O., KOTTAYAM DISTRICT-686 501. 2. T.P.RAJU, THIRUNILATHIL HOUSE, KADUNGAMANGALAM P.O., THIRUVANKULAM, ERNAKULAM DISTRICT, PIN-682 305. 3. THE NATIONAL INSURANCE CO.LTD., THRIPUNITHURA BRANCH, ERNAKULAM DISTRICT, THRIPUNITHURA.P.O., PIN-682 301. R2 BY ADV. SRI.K.S.ARUN KUMAR, R3 BY ADV. SRI.LAL GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1298 OF 2010 = = = = = = = = = = = = = = = Dated this the 24th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV) 1431/06. The claimant who sustained injuries in a road accident while he was travelling on the back of a bicycle is before me. It is his case that on account of the rash and negligent driving of the motorcyclist, the motorcycle came and hit on the cycle resulting in injuries to him. The Tribunal found that the scene mahazar shows the place of accident as the correct side of the motorcyclist and therefore held against the claimant. The same Tribunal did not give any credence or reliability to the charge sheet prepared by the police. Unfortunately none of the parties were examined as well. It is true that the Tribunal has got an independent power to decide the question of negligence after permitting the M.A.C.A. 1298 OF 2010 -:2:- parties to adduce evidence. Therefore I am inclined to grant an opportunity to the claimant to adduce evidence in the matter. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 1.11.2010. M.N. KRISHNAN, JUDGE. ul/-