IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 2779 of 2008 -------------------------------- O.P(MV).NO.2429/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/ PETITIONER IN O.P(MV): ------------------------------------------------------ P.P.ABDUL SALAM, S/O.LATE AMMEDKOYA, AGED 26 YEARS, PUNNADIPOYILIL HOUSE, MADAVOOR POST KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN, ADV. SRI.K.M.JAMALUDHEEN. RESPONDENTS/ RESPONDENTS IN O.P.(MV): ----------------------------------------------------------------- 1. K.K.MOHAMMED, S/O.MAMMUTTY HAJI, KOTTUKUNNAN HOUSE, KUNDOTTY POST, MALAPPURAM. 2. THE INSURANCE COMPANY LIMITED, BRANCH OFFICE MANJERI, MALAPPURAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2779 OF 2008 --------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT Taking into consideration the special circumstances of the case I am inclined to dispose of the appeal at the admission stage without notice and I do not want the other parties to come to this Court for the reason that the matter has to be reconsidered by the tribunal. 2. This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No. 2429/2004. It is the case of the complainant that he had sustained injuries in a road accident on 17.5.2004. The wound certificate would show that she was admitted in the hospital at 2.30 p.m having sustainment injury in a road traffic accident, when a mini bus overturned. The tribunal has dismissed the application on the ground that the accident is not proved. I am informed by the learned counsel for the appellant that in connected cases, awards have been passed by the tribunal on the very same accident. If it is true, it is really a very sad state of affairs. I set aside the award passed by the tribunal and remit back the case to the tribunal and M.A.C.A. No. 2779/2008 -2- direct the appellant herein to produce documents in support of his contention including in the accident. He shall also take out notice to the respondents before the court below so that they will also be affixed with the knowledge of the case. Therefore the award under challenge is set aside. The appellant is directed to appear before the tribunal on 4.1.2009. M.N. KRISHNAN,JUDGE vkm