IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 MACA.No. 1488 of 2008(B) ----------------------- OPMV.2656/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/PETITIONER IN THE O.P. (M.V):- --------------------------------------------------------- ABOOBACKER P., S/O SOOPPIKUTTYM, , AGED 72 YEARS, VARADAKKIL HOUSE, P.O. KARUVANTHURUTHY, VIA FEROKE, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS : ---------------------------------- 1. ABOOBACKER SIDHIQUE, S/O KAMUKUTTY, KALLAKADAN VEEDU, FEROKE AMSOM, NALLOORE DESOM, KOZHIKODE (OWNER KLL 5311 JEEP) 2. THE NATIONAL INSURANCE CO. LTD., CALICUT, (INSURER KLL 531 JEEP), 3. JAYWANT S. MEGDUM ,SHREE GAJAM TRANSPORT KOLHAPUR (OWNER MH -09/L 1515 LORRY), 4. THE NEW INDIA INSURANCE CO. LTD., SHOUPUR, KOLAPUR (INSURER OF MH-09.L1515 LORRY). BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1488 OF 2008 = = = = = = = = = = = = = = = Dated this the 30th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2656/01. It relates to an accident that took place on 29.10.00. The Tribunal had dismissed the application on the ground that the accident is not proved etc. Learned counsel had made available before me for perusal the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2275/01, 2272/01 and 2276/01. All these claims had arisen out the same accident and the Tribunal found that there is negligence and awarded compensation. But, unfortunately these documents had not been produced before the Tribunal nor the Tribunal did enquire about the same. There is no point in issuing notice to all and get them herein and thereafter remand the case. Since there is an apparent error I feel the only method is to set aside the award, send back the case to the Tribunal and direct it to consider it afresh M.A.C.A. 1488 OF 2008 -:2:- after permitting all concerned to produce necessary documents with respect to their respective contentions. Since I am disposing of the matter in the admission stage itself the appellant herein is directed to take out notice to others after the date of first appearance. The appellant is directed to appear before the Tribunal on 4.9.2008. M.N. KRISHNAN, JUDGE. ul/-