IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MACA.No. 2115 of 2008(A) ------------------------------------- O.P(MV).NO.3376/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/ PETITIONERS 2 TO 5 IN O.P(MV): ------------------------------------------------------------------ 1. NAFEESA, AGED 41 YEARS,S/O. LATE ABDURAHIMAN, RESIDING AT PAINTHOTH HOUSE, KAYANNA BAZAR P.O., VIA PERAMBRA, KOZHIKODE. 2. NAJMA, AGED 25 YEARS, D/O. LATE ABDURAHIMAN, -DO- -DO- 3. NABEEL, AGED 22 YEARS, S/O. LATE ABDURAHIMAN, -DO- -DO- 4. JASEELA, AGED 20 YEARS, D/O. LATE ABDURAHIMAN, -DO- -DO- BY ADV. SRI.A.V.M.SALAHUDIN. RESPONDENTS/ RESPONDENTS IN OP(MV): --------------------------------------------------------------- 1. THE MANAGING DIRECTOR, K.S.R.T.C, TRIVANDRUM 2. E.G.PRABHAKARAN, S/O. MADHAVAN NAMBIAR, AGED NOT KNOWN, RESIDING AT PUTHIYANGADI HOUSE, PANAMARAM, NORTH WYNAD P.O. WYNAD. ADV. SRI.K.PRABHAKARAN, S.C, K.S.R.T.C. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.2115 OF 2008 ------------------------------------- Dated 24th October, 2008 JUDGMENT Koshy,J . Contesting respondent appears. One Abdurahiman applied for compensation contending that he sustained injuries in a motor accident. During the pendency of the claim petition before the Tribunal, he died and the appellants were impleaded as his legal representatives. The claim petition was dismissed because sufficient evidence was not adduced to prove the accident. One of the reasons stated by the Tribunal was that the certified copy of the F.I.R. produced was attested by the advocate of the appellants himself. Proper certified copy was shown to us. It is also submitted that there are sufficient evidence to prove that the injuries were sustained due to the accident involving the bus owned by the first respondent. Apart from the wound certificate, the F.I.R was also registered on the same day. We are of the view that the matter has to be agitated before the Tribunal. The Tribunal should allow both sides to adduce evidence. We set aside the award and remand the matter for fresh adjudication. Parties are at liberty to adduce further evidence for adjudication. Parties shall appear before the Tribunal on 15.12.2008. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks