IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 MACA.No. 1103 of 2007(F) ------------------------------- OPMV.203/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: -------------------------------------------------- ALEYAMMA AVIRACHAN, W/O. AVIRACHAN, THEKKEKUDILIL HOUSE, KIZHAKOMBU P.O., KOOTHATTUKULAM. BY ADV. SRI.T.K.KOSHY RESPONDENT(S): RESPONDENTS 1 AND 3: ---------------------------------------------- 1. SHIBU M.A., MADATHUMPADY HOUSE, KEEZHILLAM P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 2. THE NATIONAL INSURANCE CO. LTD., ENNAKKATTIL ESTATE, P.B.NO.37, NEAR KSRTC, THIRUVALLA. ADV. SRI.PHILIP T.VARGHESE FOR R1 SRI.G.PADMAKUMAR FOR R1 SRI.LAL GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1103 OF 2007 = = = = = = = = = = = = = = = Dated this the 11th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)203/03. The claimant is the appellant before the Court. The vehicle involved in the accident is a Bajaj two wheeler bearing Reg.No.KL-11A-1603. The insurance company produced Ext.B1 policy with the vehicle No.KL-11A-1608 and contended that it has not issued the policy to KL-11A-1603. The copy received from the police station was produced by the claimant wherein the number of the vehicle is shown as KL-11A-1603. It is not at all difficult in these types of cases to find out the truth for the reason that what has to be find out is which are the two vehicles and what is the class of vehicle and then find out the truth. The claimant produced two documents as per I.A.1007/07 after it was posted for judgment. The judgment was pronounced only on 15.3.07. The learned Tribunal dismissed that application as M.A.C.A. 1103 OF 2007 -:2:- infructuous as award had been passed especially after posting it for counter on 14.3.07 on 13.3.07. If there has been real intention to find out the truth I feel the Tribunal should not have adopted such a procedure. Those two documents really are crucial in deciding that case. From the registration particulars of KL-11A-1603 and KL-11A-1608, KL-11A-1603 is a bajaj two wheeler whereas KL-11A-1608 is relating to a goods carrier truck. Payment particulars of the insurance company would convincingly establish that it is issued for a two wheeler. Further when these documents have to be taken into consideration and there would not be any difficulty for the Tribunal to arrive at a proper decision. The Tribunal as well as the insurance company ought to have considered it but if there are any objections of this document and regarding the correctness of the same the matter has to be looked into and put forward before the Court by the insurance company. Therefore, for that purpose I am remanding the matter back to the Tribunal for setting aside the order in I.A.1007/07 and directing the Tribunal to restore M.A.C.A. 1103 OF 2007 -:3:- that petition to file consider it and then give opportunity to both sides to adduce enough materials. Parties are directed appear before the Tribunal on 15.12.08 and the matter be disposed of within one month from the date of first appearance of the parties. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-