IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 MACA.No. 418 of 2009(B) ----------------------------------- O.P(MV).NO.2331/2004 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/CLAIMANT: ----------------------------------- M.ASHARAF ALI, S/O. MOOSA, AGED 39 YEARS, VALLIKATTUKANDIYIL HOUSE,P.O. EDAKKARA, (VIA) CHELANNOOR, KOZHIKODE. BY ADV. SMT.K.V.RESHMI. RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. M.C. VINOD, S/O. M.V. SUKUMARAN, SANKAR NIVAS, P.O.PUTHIYARA, KOZHIKODE 2. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFIE, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE. R1 BY ADV. SMT.BINDU GEORGE, R2 BY ADV. MR.JOE KALLIATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.418 OF 2009 ............................................. Dated this the 14th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2331/2004. The case relates to claim for damages sustained by a car in a road accident. The Tribunal was dissatisfied with the materials available and therefore decided to dismiss the petition. The Tribunal itself speaks about production of the documents. 2. I feel in these type of cases, the claimant also should be vigilant to satisfy the conscience of the court regarding the accident, damages and compensation entitled to. Since documents are available before the Tribunal and as it can be easily proved by examining the persons, it is not correct to throw out the claim on technical grounds. 3. Therefore, I set aside the award and give an opportunity to the claimant to establish his case. The parties be permitted to produce documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. It is desirable that the : 2 : M.A.C.A.No.418 OF 2009 claimant to take out notice to all concerned before he proceeds further in the matter before the Tribunal. The appellant is directed to appear before the Tribunal on 20.1.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl