IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 1509 of 2010() ----------------------- OPMV.118/2008 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER: -------------------------------------------- MUKKAN ALI, S/O.MOHAMMEDKUTTY, AGED 40 YEARS, MUKKAN HOUSE, PO VENNIYOOR, KACHADY, THENNALA, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S):RESPONDENTS: --------------------------------------------------- 1. GEORGE CHERIYAN , PANCHIKALAYIL HOUSE, VETTIMUGAL PO, ETTUMANNOOR, KOTTAYAM 686 631. 2. SANUMON M.S, S/O.SREEDHARAN, MULLASSARIKUNNU HOUSE, VEROOR PO, KOONANTHAM, CHETTIPPUZHA , CHANGANASSERI, KOTTAYAM PIN 686 104. 3. THE NEW INDIA ASSURANCE CO.LTD POOZHIKKALA BUILDING, M.G.ROAD, ETTUMANNOOR PO, KOTTAYAM 686 631. R3 BY ADV. SRI.P.JAYASANKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = M.A.C.A. NO. 1509 OF 2010 = = = = = = = = = = = = = = DATED THIS, THE 13TH DAY OF OCTOBER, 2010 J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Tirur, in O.P.(MV) 118 of 2008. 2. The claimant, claiming to be the owner of a bakery by name ' New Popular Bakery' had moved the application for damages when a bus which came in an uncontrollable speed rammed into his bakery resulting in sustainment of damages and loss. The Tribunal dismissed the application on the ground that he has not produced any particulars to establish his right over the property and therefore found against him. The trial court held that when he was running a bakery there would be documents to prove the same and there would be licence as well. Similarly, the court also held that though the commissioner's report is filed, it is not possible for the Tribunal to assess the value of the damages. I think that the matter requires reconsideration on all the points. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to adduce documentary as well as oral evidence in MACA 1509/2010 2 respect of their respective contentions and dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 15.11.2010. sd/- M.N. KRISHNAN, JUDGE. // True copy // P.S. To Judge. knc/-