IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932 MACA.No. 1540 of 2009(C) ----------------------------- OPMV.2470/2004 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV. ---------------------------------------------- SAFEER.M.P.,S/O.HASSAN KOYA HAJI, RESIDING AT KOLANGARAKANDI HOUSE, P.O.VAVAD (VIA),KODUVALLY,KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN SMT.P.Y.SHEHEERA RESPONDENT(S): RESPONDENTS IN OPMV. ------------------------------------------------- 1. JOHNY,S/O.DEVASSYA, RESIDING AT PARAMANDIYIL HOUSE, PUTHUSSERY,THONDARNADU,MANANTHAVADY. 2. UNITED INDIA INSURANCE COMPANY LTD., CHEROOTTY ROAD,KOZHIKODE. 3. M.A.JOSEPH,MALIAKKAL HOUSE, POOMALA,P.O.SULTAN BATHERY,WAYANAD. R2 BY ADV. SRI P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1540 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of August, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2470/04. The claimant while riding a motorcycle met with an accident on account of a collision with a jeep and approached the Tribunal for compensation. I have found in so many cases that necessary documents are never produced before the Tribunal and the parties are not being examined as well. I had occasion to make comments on earlier occasions and therefore refrain myself from making other comments. But it has to be stated that claimant is the person concerned and justice should not be denied to him. Therefore I am inclined to grant an opportunity. 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 both documentary as well as oral evidence in support of their respective contentions and let M.A.C.A. 1540 OF 2009 -:2:- the matter be disposed of in accordance with law. The appellant is directed to appear before the Tribunal on 6.9.10. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.