IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 438 of 2006() ---------------------- OPMV.802/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ----------------------------------------- THAMBI K.V., S/O. VARKEY, AGED 32 YEARS, KOORAPPILLIL HOUSE, BHAKTHANATHAPURAM P.O., VENKIDA KARA. BY ADV. SRI.K.V.SABU RESPONDENTS:RESPONDENTS: -------------------------------------------------- 1. ABDUL KARIM, S/O. HASSAN, PADIPPURACKAL HOUSE, ERATTUPETTA. 2. JIJO K. PAUL, KADAMMANATTU HOUSE, PARIYARAM KARA, MEEMPARA P.O., IKKARANADU SOUTH VILLAGE. 3. NATIONAL INSURANCE CO.LTD., DAMODAR CHAMBERS, STAUTE JUNCTION, TRIPUNITHURA. ADV. SRI.PMM.NAJEEB KHAN FOR R1 SRI.P.JAYASANKAR, SC FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.438 OF 2006 ===================== Dated this the 20th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.802 of 2001. The claimant alleging to be a pillion rider has filed an application for compensation on account of the injury sustained in the accident. The Tribunal found that the involvement of the 2nd respondent has not been proved and therefore dismissed the case. The alleged incident took place on 17.12.2000 and admittedly the claimant was admitted in the hospital with the history of a fall from a scooter on 17.12.2000. No police case was registered and ultimately the claimant preferred a private complaint on the basis of which after investigation a charge was filed and on receipt of summons from the court, the 2nd respondent appeared before the criminal court pleaded guilty and thus convicted and sentenced him. So the parallel proceedings, viz., the criminal prosecution would indicate about the factum of accident and conviction. It is submitted by the learned counsel for the appellant that he moved an application for reopening and examining the witnesses and the MACA 438/2006 -:2:- court allowed it, but on account of the ill-health he was unable to appear and hence could not tender any oral evidence . This is a matter which really requires evidence and the witnesses have to stand the test of cross examination and for that purpose, I am inclined to grant an opportunity. It is true that the records in a criminal case is not binding on a Tribunal, but it can also form a piece of evidence in order to arrive at a finding regarding the genuineness of the case. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration. The Tribunal is directed to permit both the parties to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 4.12.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-