IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 MACA.No. 572 of 2007() --------------------------------- OPMV.1278/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(M) ------------------------ SHAMSUDHEEN,S/O.ABDULLAKUTTY,AGED 27 YEARS,RESIDING AT OYAKKERIPARAMBIL HOUSE, THECHAMPOYIL,THAMRASSERY,KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): RESPONDENTS IN OP(M) ------------------------- 1. M.P.RANJITH,S/O.PADMANABHAN NAMBIAR, POOVATHINGAL HOUSE,THAMARASSERY,KOZHIKODE. 2. M.P.RAJAN,S/O.RAMOTTY,RESIDING AT MULLAMBALATH PURAYIL HOUSE,ENGAPUZHA AMSOM, MALAPPURAM DESOM,KOTTARAKKOTH,KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO.LTD, BRANCH OFFICE,VELIMANA BUILDING,THAMARASSERY. ADV. SRI.P.MURALEEDHARAN FOR R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 572 OF 2007 --------------------------------- Dated this the 21st day of January, 2009 JUDGMENT This appeal is preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.1278/1998. The claimant would contend that while he was travelling in a mini lorry, an accident took place due to negligence of the lorry driver and therefore he claimed a compensation for Rs. 20,000/-. The contention of the Insurance Company is that the mini lorry is not intend for travelling and the policy does not cover the risk of passengers. The learned tribunal was totally dissatisfied with the materials available and therefore dismissed the case. 2. Heard the learned counsel for the appellant as well as the Insurance Company. There was a duty cast upon the appellant to convince the tribunal regarding the injuries, the accident and the entitlement to get compensation. A mere production of F.I.R is not substitute for all these things. The learned counsel would contend before me that if an opportunity is given the claimant will produce the documents and get himself examined so as to prove the case. Similarly the counsel for the Insurance Company would contend that M.A.C.A.No. 57207 -2- the policy does not cover the risk of such a passenger. It is also a matter which requires consideration. 3. Therefore the award under challenge is set aside and the matter is remitted back to the tribunal. The parties are permitted to produce both documentary as well as oral evidence in support of their respective contentions and let the matter be disposed of in accordance with law. The claimant is also directed to take out notice to driver and owner of the vehicle after he enters appearance before the tribunal. Parties are directed to appear before the tribunal on 26.2.2009. M.N. KRISHNAN,JUDGE vkm