IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 MACA.No. 667 of 2005(C) ----------------------------------- O.P(MV).NO.1703/2000 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/PETITIONER: ------------------------------------- N.N. KHADEESUMMA, D/O. ANDRU, SAKEELA MANZIL, 19TH MILE, P.O. CHAVASSERY, MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. T.V. MATHEW, S/O. VARGHESE, PUNNAKKAL HOUSE, P.O. KEEZHAPPALLY. 2. T. MINI PRAKASH, MUNDAN HOUSE, P.O. KANHIRODE, KANNUR DISTRICT. 3. UNITED INDIA INSURANCE CO. LTD., THALASSERY. BY ADV. SRI.A.R.GEORGE - R3. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== M.A.C.A. No.667 OF 2005 ===================== Dated this the 10th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)No.1703 of 2000. The Tribunal found the question of the negligence in favour of the claimant, but dismissed the claim on the ground that the claimant has not succeeded in proving the ownership of the property. Learned counsel for the appellant submits before me that sufficient documents are produced before the Tribunal. But, unfortunately, they have not been marked and therefore if an opportunity is given to the appellant she will be able to establish her ownership over the property. It is only just and reasonable request. I therefore, remit the case back to the same Tribunal after permitting the petitioner to produce documents and adduce oral evidence in support of the ownership of the property as well as the quantum of damages. The insurance company is also permitted to adduce rebuttal evidence as it MACA 667/2005 -:2:- chooses fit. The parties are directed to appear before the Tribunal on 23.7.2008. M.N.KRISHNAN, JUDGE Cdp/-