IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 MACA.No. 445 of 2009(B) ----------------------------- OPMV.275/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT(S): PETITIONERS -------------------------------- 1. SREEDHARAN, (DIED) S/O.KANARAN, AGED 47 YEARS, KUNIYIL HOUSE, KEEZHARIYOOR P.O., KOZHUKKALLUR, AMSOM DESOM, QUILANDY TALUK. 2. RADHA, W/O.LATE SREEDHARAN, KUNIYIL HOUSE, 46 YEARS, KOZHUKKALLUR AMSOM NARANGODE DESOM, QUILANDY TALUK. 3. SREERAJ, S/O. LATE SREEDHARAN, 29 YEARS, KUNIYIL HOUSE, KOZHUKKALLUR AMSOM NARANGODE DESOM, QUILANDY TALUK. 4. SREEJITH, S/O. LATE SREEDHARAN, 28 YEARS, KUNIYIL HOUSE, KOZHUKKALLUR AMSOM NARANGODE DESOM, QUILANDY TALUK. 5. SREENATH, S/O. LATE SREEDHARAN, 23 YEARS, KUNIYIL HOUSE, KOZHUKKALLUR AMSOM NARANGODE DESOM, QUILANDY TALUK. BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): RESPONDENT -------------------------------------- 1. T.M.VINAYACHANDRAN, S/O.T.KRISHNAN, NETHAJI ROAD, CHIRAKKARA P.O., THIRUVANGAD, THALASSERY, (R.C.OWNER OF KL-13/4077 LORRY). 2. DASAN, S/O.KELU, MANDAN PARAMBATH HOUSE, PALLUR AMSOM DESOM, P.O.PALLUR, PIN 679 532. (DRIVER OF KL-13/4077 LORRY). 3. THE UNITED INDIA INSURANCE CO.LTD., REGD AND 1 TO 24, WHITER ROAD, MADRAS - 600 014. NO.12, 300381 100882/31/021/1106493/1993 (INSURER OF KL-13/4077 LORRY). ADV. SRI.SAJI P.JOSEPH FOR R2 SMT.JAYANTHY T.T. FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 445 OF 2009 = = = = = = = = = = = = = = = Dated this the 18th day of December, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)275/03. The claim petition was filed for damages sustained to a jeep in a road accident. The accident took place in the year 1997 September and the claim petition had been filed only in the year 2003. It is true that there is no limitation prescribed and therefore the petition is maintainable. 2. The Tribunal found that the documents produced are not clinching and convincing and therefore it was not prepared to accept the documents in toto as the spare parts were purchased during the month of November, December 1997 and January, 1998 as also on December, 1998. The accident had taken place in September 1997 and therefore purchase of spare parts in November and December 1997 and January 1998 cannot be said to be a remote possibility. Similarly the learned counsel would submit that he is ready M.A.C.A. 445 OF 2009 -:2:- to examine the surveyor and the non examination of the surveyor on the earlier occasion was on account of his absence from the country. I am inclined to grant an opportunity to prove the materials but there has been laches on the part of the claimant and therefore in any event if it is found he is entitled to claim damages then he is entitled to only interest from the date of award and not earlier. 3. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. It is made clear that in the event of a final award the claimant shall be awarded interest only from the date of award and not from an earlier date. Parties are directed to appear before the Tribunal on 28.1.2010. M.N. KRISHNAN, JUDGE. ul/-