IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MACA.No. 918 of 2007(A) ----------------------- OPMV.1279/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP (MV) -------------------------------------------------------- M.T.MUHAMMED, AGED 43 YEARS, S/O.ABDURAHIMANKUTTY,RESIDING AT MUNDANTHODUKAYIL HOUSE,P.O.,KARUVAMPOYIL, KODUVANMUZHI DESOM,KODUVALLY AMSOM,KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/ RESPONDENTS IN OP (MV) -------------------------------------------------------------- 1. SREE SHAIJAN,AGE NOT KNOWN,S/O.ABU, RESIDING AT CHALIL HOUSE, RAROTH,P.O.KODUVALLY, KOZHIKODE,(OWNER OF THE AUTORIKSHAW NO.KL-11/H-8329). 2. RAFEEQU, AGED 35 YEARS,S/O.ALI, RESIDING AT NELLARAMBATH HOUSE,P.O.,KODUVALLY KOZHIKODE.(DRIVER OF THE AUTORIKSHAW NO.KL-11/H-8329) 3. UNITED INDIA INSURANCE COMPANY LTD., VELIMANNA BUILDING,THAMARASSERY, (INSURER OF THE AUTORIKSHAW NO.KL-11/H-8329) BY ADV. SMT.T.C.SOWMIAVATHY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 918 OF 2007 --------------------- Dated this the 18th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV) 1279/02. The claimant, an auto driver by profession, sustained injuries in a road accident. He had produced Exts.A1 to A11. It appears that he was charge sheeted by the police. Neither he had produced the charge sheet nor the wound certificate. He did not mount the box also. Therefore, the Tribunal held that he has not proved the negligence and dismissed the claim petition. 2. I cannot find fault with the Tribunal for recoursing to the same because the claimant has been negligent. Learned counsel for the appellant very strongly persuades me to give an opportunity to the appellant to produce documents and adduce evidence to establish his case. Being a motor accident case and as the beneficial legislation need not be shut out on technical grounds, I am inclined to grant an opportunity to the claimant to substantiate the contentions. MACA No. 918/07 2 Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to give opportunity to all 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. I make it clear that the claimant has to produce the evidence and documents within a period of one month from the date of first appearance before the Tribunal. The Tribunal shall fix the date of hearing on the first appearance of the said parties. Parties are directed to appear before the Tribunal on 26.9.08. M.N.KRISHNAN, JUDGE vps MACA No. 918/07 3