IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 MFA.No. 715 of 2002 ---------------------------- OPMV.825/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA ................................... APPELLANT: PETITIONER IN OP(MV) --------------------------------------------------- GANESH BABU, AGED 28 YEARS, S/O.NARAYANAN, V.C HOUSE, CHUNDALE P.O., CHUNDALE AMSOM DESOM, VYTHIRI TALUK, REPRESENTED BY POWER OF ATTORNEY MRS.E.MINI, W/O.GANESH BABU, P.M.P.QUARTERS, KALPETTA, VYTHIRI TALUK, WAYANADU DISTRICT. BY ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) RESPONDENTS: RESPONDENTS IN OP(MV) ------------------------------------------------------------ 1. BALAKRISHNAN, AGED 34 YEARS, S/O.KUMARAN, KOLAMGARA HOUSE, KAPPUVAYAL, KAVUMANNAM, VYTHIRI TALUK, (DRIVER OF KL-12/2797 NO.JEEP). 2. K.RADHA KRISHNAN, S/O.KESAVA MENON, KALLATTUMMAL HOUSE, KAVUMANNAM P.O., THARIODE, VYTHIRI TALUK (OWENR OF KL-12/2797 NO.JEEP) 3. NEW INDIA ASSURANCE CO LTD., BRANCH OFFICE M.G.T.BUILDING, KALPETTA P.O., (INSURER OF KL-12/2797 NO.JEEP) R3 BY ADV. SRI.KKM.SHERIF THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & A.K.BASHEER, JJ. -------------------------------------- M.F.A.No.715 OF 2002 ------------------------------------- Dated 11th March, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident and he claimed compensation contending that the accident occurred due to the negligence of the first respondent driver of the jeep owned by the second respondent and insured by the third respondent insurance company. The Insurance company also admitted that there was valid insurance policy at the time of accident. But, according to the insurance company and respondents 1 and 2, the accident occurred not in the manner as was stated by the claimant. The claim was dismissed due to the absence of the claimant and his advocate on one posting date. The case was posted on 2.2.2002. On that day there was a strike by Government employees and all the cases posted were adjourned to 13.2.2002. But, due to the strike `A' diary was not written and hence the claimant's counsel could not note the date of posting and that is the reason stated for the absence of the claimant on that day. In any event, provisions for awarding compensation were provided in the Motor Vehicles Act as a part of welfare legislation. Tribunal ought to have given more opportunity. Absence of the appellant was not wilful. Even MFA.715/2002 2 the court has got power to summon the police records as well as hospital records and can assess the compensation. In fact, specific rules for the same are provided under the Motor Vehicles Rules. On the facts and circumstances of the case, Tribunal ought to have granted one more opportunity. Hence, we set aside the impugned award and remand the matter for fresh disposal. Parties shall appear before the Tribunal on 22.5.2008. Tribunal should give notice to the advocates appearing for the respondents before the Tribunal. Both parties are allowed to adduce evidence. We are not expressing any opinion regarding the merits of the matter. The appeal is allowed by way of remand. J.B.KOSHY JUDGE A.K.BASHEER JUDGE tks