IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 MACA.No. 2021 of 2009() ----------------------- OPMV.20/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT (PETITIONER): ------------------------- VARKEY P.M., AGED 42 YEARS, S/O.MATHAI, MUKULATHIL, NIRAVILPUZHA, MANANTHAVADY TALUK, WAYANAD DISTRICT. ( POWER OF ATTORNEY HOLDER OF P.B.VIJAYARAJAN, AGED 39 YEARS, S/O.BHASKARAN, KATHIRAMKUNNEL, POST POOTHADI, S.BATHERY TALUK). BY ADV. SRI.N.J.ANTONY RESPONDENTS (RESPONDENTS): --------------------------- 1. SIDHIQUE PASHA, AGED 22 YEARS, S/O.MUHAMMED, ST. MARY'S ROAD, 1ST CROSS, N.R.MOHALLA, MYSORE. (DRIVER OF THE LORRY NO. KA-09/4450, D.L.NO. NOT KNOWN). 2. MUHAMMED JAMEEL, AGED 58 YEARS, S/O.MUHAMMED KASIM, DOOR NO.4525/1, ST.MARY'S ROAD, 1ST CROSS, N.R.MOHALLA, MYSORE, (OWNER OF THE LORRY NO.KA-09/4450) 3. ORIENTAL INSURANCE CO. LTD., KOZHIKODE. (LOCAL BRANCH OF THE INSURER CBO-3, 42/1, CHANDRA COMPLEX, KALIDASA ROAD, V.V.MOHALLA, MYSORE-570002. R3 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------------------------------------- M.A.C.A.No.2021 OF 2009 --------------------------------------------------------- Dated this the 20th day of August, 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV).No.20 of 2004. It relates to property damage sustained to the vehicle of one Varkey in a road accident. The Tribunal has summarily dismissed the application on the ground that power of attorney is not produced. I feel that the approach of the Tribunal is incorrect because it is filed on the basis of the power of attorney. When it is so, unless power of attorney is produced, the office of the claims Tribunal would not have numbered the claimant's application. Therefore, the basic approach is wrong. The Tribunal should have directed him to produce the power of attorney before dismissing the application. It is a curable defect and therefore an opportunity has to be given. Therefore, award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the parties produce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. In case, the power of attorney is M.A.C.A.No.2021 OF 2009 2 not produced, the claimant will be entitled to file a fresh power of attorney to proceed with the matter. Parties are directed to appear before the Tribunal on 27.9.2010. Disposed of accordingly. M.N.KRISHNAN, JUDGE. mns