IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 MACA.No. 1312 of 2008() ----------------------- OPMV.1082/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV: ---------------------------------------------------------- KABEER K.P., S/O.ABOOBACKER, AGED 33 YEARS, KUTTAMPARAMBATH H, VENGALAM P.O., ELTHOOR VIA, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDDEEN RESPONDENT(S): RESPONDENTS IN OPMV; ------------------------------------------------------------------ 1. SHEEBA, W/O.K.P.SASHIDHARAN, ATHIRA H, KADALOOR P.O., QUILANDY, KOZHIKODE. 2. SIVANANDAN, S/O.UNNARA, AGED 35 YEARS, NEDUMBATHARA MEETHAL HOUSE, ERANHIKKAL POST, KOZHIKODE. 3. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE. R3 BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1312 OF 2008 ............................................. Dated this the 15th day of June, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.1082/2001. The claimant sustained injuries on account of collision between two vehicles. The Tribunal found in the absence of any document that the claimant had also contributed 50% to the accident. 2. I do not want to elaborate but it is a sorry state of affairs that a document absolutely relevant and necessary for the disposal of the case is not produced before the court, it is not proper on the part of the person in charge of the litigation to do so. But being a motor accident claim where a poor injured may be put into trouble, I am inclined to grant an opportunity. 3. 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 both documentary as well as oral evidence in support of their : 2 : M.A.C.A.NO.1312 OF 2008 respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 25.7.2010 and the claimant is directed to take out notice to respondents 1 and 2 in the claim petition after his appearance before the said court. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1312 OF 2008