IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 MACA.No. 2679 of 2008() ----------------------- OPMV.93/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): -------------- VALSALA, W/O. VASU, AGED 37 YEARS PARIYANGAL HOUSE, NADUVANOOR AMSOM DESOM NADUVANNUR POST, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S): --------------- 1. K.K.BALAKRISHNAN S/O.KANNAN, KARIMBANAKANDI HOUSE PERAMBRA POST, KALLOTTU, KOZHIKODE. 2. K.PARAMOD, S/O.BALAN,AGED 28 YEARS KARTHIYOTTU HOUSE,KARAPARAMBA,KOZHIKODE. 3. THE NEW INDIA ASSURANCE CO LTD BRANCH OFFICE, AL-MUBARAK BUILDING, EDODI, BADAGARA. ADV. SRI.P.G.GANAPPAN FOR R3 SRI.ZUBAIR PULIKKOOL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ----------------------------------------------- M.A.C.A No. 2679 OF 2008 ----------------------------------------------- Dated this the 29th day of September, 2009 J U D G M E N T This is an appeal preferred against the award of the Claim Tribunal, Kozhikode, in OP (MV) No.93/2001. The claimant, a 30 year old housewife is alleged to have sustained injuries in an auto rickshaw accident. The Tribunal negatived her contentions holding that there is nothing to prove that she had travelled in the Autorickshaw. The first information statement given by another passenger would reveal that there were three persons in the autorickshaw. In the wound certificate issued to the claimant it is stated that the cause of injury is on account of overturning of an autorickshaw. Further a charge sheet has been filed before the Tribunal by the Insurance Company. I feel the Tribunal was very technical in negativing the contentions. Therefore, I set aside the award passed by the M.A.C.A No. 2679 OF 2008 2 Tribunal and remit the case back to the same Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 17.11.2009. M.N. KRISHNAN, JUDGE jma