IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 MACA.No. 2121 of 2007() ----------------------- OPMV.990/2000 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER ------------- SHABU, S/O.NARAYANAN, SAVATHURTHICAL NIVARTH, WARD NO.1, PALLIPPURAM, ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: RESPONDENTS ----------------- 1. SREEKUMAR.K.S., S/O.KUTTAPPAN NAIR, SARASWATHY MANDIRAM, KALAVAMKODAM P.O., CHERTHALA. 2. V.P.SHIHAB, S/O.PAILY KUNJU, MADAPATTUPARAMPILL, VENNALA P.O., ERNAKULAM. 3. THE MANAGER, THE ORIENTAL INSURANCE CO.LTD., M.G.ROAD, ERNAKULAM. BY ADV. SRI.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.2121 of 2007 ------------------------------- Dated this the 10th April, 2008. J U D G M E N T Heard the learned counsel appearing for the appellant as well as the learned standing counsel appearing for the 3rd respondent, Insurance Company. 2. Petitioner in O.P.(M.V.) No.990/2000, on the file of the Motor Accidents Claims Tribunal, Alappuzha, is the appellant. Appellant met with an accident on 12.5.2000. He filed an original petition claiming compensation. The case came up for trial on 27.1.2004. On that date, the appellant and his counsel were absent. The Tribunal marked certain documents and passed an award of Rs.3500/= as compensation. According to the appellant, the amount awarded is very meagre. 3. In the award itself, it is stated that the petitioner and his counsel were absent and no documents were produced. So, it is only just and proper that the appellant be given an opportunity to adduce evidence in the matter. For that purpose, the case has to go back. W.P.(C) No. 2 In the result, the appeal is allowed. The award under challenge is set aside. The Tribunal is directed to take O.P.(M.V.) No.990/2000 back to its file and dispose of the same, in accordance with law, after affording an opportunity to both sides to adduce evidence. Parties shall appear before the court below on 30.5.2008. Registry is directed to return all the documents produced along with appeal to the petitioner. K.PADMANABHAN NAIR, JUDGE nj.