IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 1537 of 2006() ----------------------- OPMV.738/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA, WAYANAD .................... APPELLANT/PETITIONER -------------------------------------- LISSY, W/O.SAJU, KOTTUKKARA, NAGARAMKUNNU KALLOOR, NOOLPUZHA (PO), S.BATHERY, WAYANAD. BY ADV. SRI.S.M.PRASANTH DR.K.BALAKRISHNAN RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. MOHAMED HARIS, S/O.ABOOBACKER, KAKKUMPURATH HOUSE, S.BATHERY, WAYANAD, (DRIVER CUM OWNER OF KL-12/6711 MOTOR CYCLE). * 2. ORIENTAL INSURANCE COMPANY LTD., SULTAN BATHERY, WAYANAD. (* CORRECTED) * THE ADDRESS OF 2ND RESPONDENT IS CORRECTED AS * ORIENTAL INSURANCE CO. LTD., CALICUT. VIDE ORDER DATED 13/10/2008. IN I.A. NO.2611/2008. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1537 OF 2006 ===================== Dated this the 12th day of November 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kalpetta in O.P.(MV)No.738 of 1999. The claimant a lady sustained injuries in a road accident. It was her case that while she was walking along the road, a bike ridden by the first respondent came in a rash and negligent manner, hit on her resulting in injuries to her. Ext.A1is the first information report. Exts.A2 and A3 are the scene mahazar and body mahazar respectively and Ext.A7 is the copy of the charge sheet filed against the first respondent. There are documents to prove the injuries in the form of wound certificate. There are also medical bills to establish that she had undergone treatment. But after referring to all these, the Tribunal observed that the petitioner has not produced FIR in this case. For the above reasons, it cannot be said that the accident occurred due to the rash and negligent driving of the first respondent. PW1 has been examined. I am afraid that the Tribunal has totally mis-appreciated the evidence in arriving at a decision. Therefore I set aside the award passed by the Tribunal and MACA 1537/2006 -:2:- remit the matter back for fresh consideration by permitting the parties to adduce both oral and documentary evidence in support of their respective contentions. The appellant herein is also directed to take out fresh notice to the respondents so that they can be heard. The appellant is directed to appear before the Tribunal on 19.12.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-