IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 2982 of 2009(D) ----------------------- OPMV.922/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): PETITIONER ------------------------------- AJITHKUMAR, S/O.KRISHNA RAO, THUNDIKKAL HOUSE, AMBATTUKAVU, ALUVA. BY ADV. SRI.RAJIV NAMBISAN SRI.SAJAN PUTHENVEETTIL RESPONDENT(S): RESPONDENTS/COMPLAINANT --------------------------------------------------------- 1. SREEKUMAR, KAVALANCHERRY HOUSE, NEAR S.N.D.P.TEMPLE, EDAYAPPURAM.P.O, ALUVA. 2. BIJU.P.C, S/O.CHATHUKKUTTY, 7/156, PUNNAHAKKARA, KEEZHUMADU, ALUVA. 3. THE ORIENTAL INSURANCE CO.LTD., P.B.NO.49, PATTAMANA BUILDING, R.S.ROAD, ALUVA. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2982 OF 2009 = = = = = = = = = = = = = = = Dated this the 25th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)922/04. The claimant, who is alleged to have sustained injuries in a road accident moved the court for compensation and it was dismissed stating that the accident is not proved. 2. Heard the learned counsel for both the sides. The learned Tribunal relied on the statement in the wound certificate wherein it is stated the cause of injury is on account of an assault. It is seen in the very same wound certificate that there is a description of RTA as well. There is not much delay in lodging the crime and investigation has been conducted by the authority and a charge sheet is also seen filed but who gave the statement before the Doctor is also a matter which will change the direction of the case itself. Therefore the matter requires elaborate consideration and better evidence for a proper appreciation to find out the M.A.C.A. 2982 OF 2009 -:2:- truth. I do not want to throw away the claim merely on suspicious grounds and therefore I set aside the award passed by the Tribunal and remit the case 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 the Tribunal shall dispose of the matter in accordance with law. It is desirable that the parties who do not appear before the Tribunal on the hearing date are given notices for appearance so that the matter can be disposed of in the presence of all parties. Parties are directed to appear on 23.3.2010. M.N. KRISHNAN, JUDGE. ul/-