IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 MACA.No. 349 of 2009() ---------------------- OPMV.2050/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: -------------------------------------------- ABDUL GAFOOR, AGED 21 YEARS, S/O.ABOOBACKER, RESIDING AT MARANTHODI HOUSE, P.O.CHERUVAYOOR, VAZHAKKAD, MALAPPURAM. BY ADV. SRI.V.S.CHANDRASEKHARAN RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. N.MOHAMMED ABDUL RAHIM, AGE NOT KNOWN, S/O. ABDUL GAFOOR, RESIDING AT MINNA MANZIL, MAIN ROAD, PO.AREACIDE, MALAPPURAM. 2. RAMANKUTTY, S/O.NADIKUTTY, AGED 40 YEARS, RESIDING AT ACHIKKATTIL HOUSE, MADATHIL, P.O.,AREAKKAD, NALLALAM, KOZHIKODE. 3. NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE,KORAMBAYIL ACRADE, PANDIKKAD ROAD, MANJERY. R3 BY ADV. SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.349 OF 2009 ............................................. Dated this the 19th day of July, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2050/2003. The claimant, who is alleged to have sustained injuries in a road accident, moved an application for compensation and it has been dismissed for want of evidence and documents. The court also suspected that he would have submitted application before another Tribunal. 2. I feel that the methodology adopted by the court is absolutely incorrect and it has also to be stated that the claimant had been very negligent in prosecuting the matter. Therefore, between the period 4th April, 2008 till today, the claimant shall not be granted any interest. I am inclined to give an opportunity and 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 produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. I make it clear that the claimant shall : 2 : M.A.C.A.NO.349 OF 2009 not be entitled to any interest from 4th April, 2008 till today i.e., 19.07.2010. Parties are directed to appear before the Tribunal on 04.09.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.349 OF 2009