IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 MACA.No. 1550 of 2006() ---------------------------------- OPMV.1593/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: -------------------------------------- C.P. GOVINDAN NAMBIAR, S/O. GOVINDAN, VAYAKKAL HOUSE, ARAVINDAM, P.O. VARAM, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN SRI.V.N.RAMESAN NAMBISAN RESPONDENTS/RESPONDENTS --------------------------------------------- 1. A.T. ANANDA KRISHNAN, SEETHA NIVAS, NEAR SUBDARESWARA TEMPLE, THALAP, KANNUR. 2. KARADUKKA BALAN, VANNACHADAVIL HOUSE, KARADUKKA VILLAGE, KASARAGOD. 3. KERALA STATE INSURANCE DEPARTMENT DISTRICT INSURANCE OFFICE, KANNUR. BY SR. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMIISION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1550 OF 2006 --------------------- Dated this the 11th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thalassery, in OP(MV) 1593/00. The case of the appellant is that his car bearing registration No.KL8/D 4500 while proceeding from Taliparamba to Kannur was involved in an accident on account of a collision between the bus and the car. It is averred that the accident took place on account of the negligence of the bus driver. The amount claimed is for the damages sustained to the vehicle involved in the accident. The 1st respondent has admitted the accident and the ownership of the vehicle but, disputed the negligence. The 3rd respondent Insurance Department also admitted the policy. The Tribunal while considering the case found that the number of the crime registered is noted as 14/2000 and the date of accident as 20.1.00. But in spite of that what was produced before the Tribunal was Crime No. 779/99, which related to another place and accident. Therefore, the Tribunal found that the petitioner in the petition has not succeeded in proving the accident MACA No.1550/06 2 and therefore dismissed the case. 2. Along with the appeal a photocopy of the Crime No.14/2000 and the CMP filed before the Judicial First Class Magistrate Court, Kannur are produced. There the CMP would reveal that the law was set in motion under Sec.156 of the Criminal Procedure code and the crime was registered on reference under Sec.156(3) as Crime No.14/2000. Therefore it has to be stated that appropriate documents are to be produced by the claimant to establish his case. 3. Learned counsel for the Insurance Department would contend before me that there is nothing wrong in the Tribunal's order for the reason that the document produced in support of the accident totally relates to another accident and therefore nothing requires interference. It is true that Ext.A1 does not relate to this accident. But even in the order of the Tribunal a reference is made to the real crime number and the date of accident. It has also to be stated that neither the 1st respondent nor the 3rd respondent had denied the factum of accident i.e. the collision between the bus and the car. So in the interest of justice it is proper to give an opportunity to the appellant to produce necessary documents to establish his case. MACA No.1550/06 3 Needless to say that entire materials necessary for consideration are to be considered by the court including the factum of negligence as well as the quantum of compensation. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The appellant is directed to adduce evidence and produce necessary documents in support of his contention. Respondents are permitted to adduce evidence in support of their contentions. Needless to say that the Tribunal has to be satisfied about the accident, factum of negligence and the quantum of compensation before finally disposing the matter. Parties are directed to appear before the Tribunal on 22.8.08. M.N.KRISHNAN, JUDGE vps MACA No.1550/06 4