IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 MFA.No. 377 of 2002() ------------------------------- OPMV.1187/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT: PETITIONER ----------------------------------- THALASSERY TALUK LORRY OPERATORS, ASSOCIATIONMUTUAL WELFARE BENEFIT SCHEME,ERANHOLI, TELLICHERRY 670 167 BY ITS SECRETARY, ARORA LAKSHJMANAN,S/O.RAIRU NAMBIAR,AGED 45 YEARS, BUSINESS,PRATHANA,KALLOOR,MATTANNUR. BY ADV. SRI.SHAJI P.CHALY SRI.SHEJI.P.ABRAHAM RESPONDENTS: RESPONDENTS -------------------------------------------- 1. M.A.ABDUL RAZACK,S/O.KUNHIMOHAMMED, THAMARAKANDY HOUSE,MANKAVU,CALICUT. 2. M.K.MOHANDAS S/O.RADHA,NARKKAPOYIL THAZHEKUNIYIL HOUSE,PETIPALAM P.O.,MEKKUNNU 3. THE UNITED INDIA,INSURANCE CO., KANNUR. BY ADV. SRI.K.VINOD CHANDRAN SMT.K.C.BEENA SRI.T.T.MOHAMMED THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = M.F.A. NO.377 OF 2002 = = = = = = = = = = = = = = = = = = = Dated this the 26th day of February, 2008 J U D G M E N T -------------------- Thalassery Taluk Lorry Operators Association Mutual Welfare Fund Scheme, represented by its Secretary, is the appellant. Appellant filed O.P(MV) No.1187 of 1996 before the Motor Accidents Claims Tribunal, Thalassery, claiming compensation on account of the damages sustained to a building. It was averred that the appellant was the owner of a building situated in Eranholi Panchayat. It was averred that on 1.3.1996 at 11.30 a.m. a lorry bearing Reg. No.KL-11/A-8094 driven by the second respondent came in a rash or negligent manner, went off the road and hit against the building causing substantial damages. Appellant claimed an amount of Rs.50,000/- as damages. Owner of the vehicle did not contest the case. Second respondent, driver, filed a written statement admitting the fact that he was driving the vehicle. But the negligence alleged was denied. It was contended that to avoid another major accident he had swerved the vehicle and M.F.A.. NO. 377 OF 2002 -: 2 :- hence the accident occurred. The third respondent-Insurer filed a written statement contending that the accident occurred not due to negligence of the driver and no serious damage was caused to the building. Tribunal dismissed the Original Petition holding that the appellant-petitioner failed to substantiate its case. Challenging that order, this appeal is filed. 2. Learned counsel appearing for the appellant has argued that the appellant had produced photocopies of the records of the criminal case such as FIR, scene mahazar, etc. But due to an inadvertent omission those documents were not marked in evidence. It is also argued that the appellant had produced documents to prove his title over the building. That document also not admitted in evidence. 3. Learned counsel for the third respondent has argued that the accident occurred in the year 1996. It is also argued that petition was also filed in the year 1996 and it was taken up for evidence in the year 2001 only and there was enough time for the appellant to adduce evidence. It is true that the accident occurred in the year 1996. The Original M.F.A.. NO. 377 OF 2002 -: 3 :- Petition was also filed in the year 1996. The case was taken up for orders on 28.7.2001. But considering the entire aspect of the matter, I am of the view that the court below ought to have given some more time to the appellant to adduce evidence. For that purpose, the case has to go back. 4. In the result, the appeal is allowed. The award passed by the Tribunal is set aside and the matter is remanded. The Tribunal is directed to take O.P(MV) No.1187 of 1996 back to file and consider and dispose of the same afresh in accordance with law after giving the parties an opportunity to adduce evidence, if so advised. Parties shall appear before the Tribunal on 27.3.2008. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. NO. 377 OF 2002 ===================== J U D G M E N T ------------------------------------------- 26TH FEBRUARY, 2008