IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R. BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 MACA.No. 140 of 2010 ---------------------- OPMV.617/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT: PETITIONER ------------------------ SHAJIRA BEEVI, W/O. HASHIM, IKKARA HOUSE, ALATHUKAVU, PONGANADU P.O., KOLIMANOOR CHIRAYINKEEZH TALUK, TRIVANDRUM. BY ADV. SRI. K.SIJU SRI.PRATHEESH.P RESPONDENTS: RESPONDENTS -------------------------- 1. RAJAN BABU, SREEVILASINI, KUNNUMEL,(DELETED) KILIMANOOR, TRIVANDRUM. 2. SAJEEV, S/O.LAMBODARAN, AROOR VEEDU, ADAYAMON P.O., KILIMANOOR, TRIVANDRUM DISTRICT. 3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, PALACE ROAD, ATTINGAL P.O. 1ST RESPONDENT IS DELETED FROM THE PARTY A RRAY AS PER ORDER DATED 20/9/2011 IN I.A. NO. 2445/2011. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/09/2011, ALONG WITH MACA NO. 177 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI,JJ ============================== M.A.C.A. NOS. 140 & 177 OF 2010 ============================ Dated this the 20th day of September 2011 COMMON JUDGMENT R.Basant, J. These appeals are directed against a common award. The common award was passed in two claim petitions filed by the claimants/appellants herein claiming compensation for injuries suffered by them in a motor accident which took place on 24/1/2003. No proper evidence was adduced before the Tribunal and the Tribunal was constrained to dispose of the matter on available materials. The Tribunal, in these circumstances, directed payment of the amount of Rs.7,250/- and Rs.6000/- only. 2. The appellants claim to be aggrieved by the impugned common award. Called upon to explain and be specific, the learned counsel for the appellants submits that all necessary materials were produced before the Tribunal. The Tribunal because of the delay in filing the application did not entertain the same. The applications to receive the same are seen dismissed for the reason that there was no representation for the MACA 140 & 177/2010 2 claimants. The Tribunal proceeded to dispose of the petitions by the impugned common award on the very same date. 3. The short prayer of the learned counsel for the appellants is that a further opportunity may be granted to the appellants to introduce proper evidence and substantiate their claims. 4. We have heard the learned counsel for the appellants and the learned counsel for the Insurance Company. The Insurer's liability is not disputed. That is evident from the fact that the Insurer has not preferred any appeal against the impugned common award. 5. Having considered all the relevant inputs, we are persuaded to agree that the interests of justice will be best achieved in the facts and circumstances of the case by directing the Tribunal to dispose of the two claim petitions,O.P.(MV) Nos.617/2003 and 618/2003 afresh in accordance with law after giving the appellants an opportunity to produce all materials before the Tribunal. We make it clear that all materials on which the appellants want to place reliance must be placed before the Tribunal before the next date of posting. MACA 140 & 177/2010 3 6. In the result, a) these appeals are, in these circumstances, allowed. b)The impugned common award is set aside. c) The Tribunal is directed to dispose of the cases afresh in accordance with law after giving the appellants opportunity to adduce all such evidence that they want to adduce. d) The parties are directed to appear before the Tribunal on 1/11/2011. e)The Tribunal shall proceed to dispose of the O.Ps. as expeditiously thereafter as possible, at any rate within a period of three months from 1/11/2011. f)Communicate a copy of this judgment to the Tribunal forthwith. Sd/- R.BASANT, JUDGE Sd/- M.C. HARI RANI,JUDGE ks. true copy P.S.to Judge MACA 140 & 177/2010 4