IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 MACA.No. 1376 of 2010() ------------------------------------ OPMV.1708/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER ------------------------------------- SHAMEER K.P., AGED 31 YEARS, S/O.K.K. PAREED, KARUKUNNATH HOUSE, PERINGALA PO, KUNNATHUNADU VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ANIL S.RAJ, SMT.K.N.RAJANI, SMT.RADHIKA RAJASEKHARAN P., SMT.ANILA PETER, SMT.BEENA DEVASSY. RESPONDENTS/RESPONDENTS ----------------------------------------------- 1. A.N. GANGADHARAN, S/O.NARAYANAN, EDATHAIKARA HOUSE, KUMMANODE, PATTIMATTOM PO, ERNAKULAM DISTRICT, PIN-683 562. 2. A.K. ACHUTHAN, S/O.KRISHNA KURUP, ANIKKATTUPARAMBIL HOUSE, SOUTH OF NSS OFFICE, VALAMBUR PO, MAZHUVANNUR VILLAGE, PIN- 679 325. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, REGIONAL OFFICE, ERNAKULAM, COCHIN-682 011. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1376 OF 2010 = = = = = = = = = = = = = = = Dated this the 5th day of August, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV) 1708/05. On seeing the award I feel an opportunity has to be given to the appellant to establish his case and therefore I am disposing of this appeal without notice to the other side. 2. The claimant moved an application for damages sustained to the vehicle. An estimate of Rs.40,000/- was prepared and the surveyor was examined to prove the same. The surveyor has estimated labour charges at Rs.1,150/- and spare parts costs at Rs.29,700/-. But the Tribunal rejected the claim on the ground that appropriate vouchers and bills are not produced to prove the actual repairs done to the vehicle. There is a surveyor's report and it was M.A.C.A. 1376 OF 2010 -:2:- incumbent upon the claimant to have produced some documents or at least adduce some evidence to prove that he has repaired the vehicle but I do not want to reject his claim on a technical ground. Therefore I am inclined to grant an opportunity. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the Tribunal to permit the appellant to produce both documentary as well as oral evidence in support of his contentions regarding the repairs and then the Tribunal shall dispose of the matter in accordance with law. Since I am disposing of the appeal in the admission stage itself the appellant is directed to take out notice the insurance company after he enters appearance before the Tribunal. The appellant is directed to appear before the Tribunal on 20.9.2010. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.