IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 MACA.No. 1439 of 2009() ---------------------------------- OPMV.1932/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ......................................... APPELLANT(S): PETITIONER IN OP(MV) ---------------------------------------------------- DONY JOSE, S/O. JOSE, AGED 30 YEARS, KUNNEL HOUSE, KOOMBARA POST, KOODARANHI VIA, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OPMV --------------------------------------------------------- 1. K.P.BABURAJAN, KANDAMPULLY HOUSE, NALLALAM POST, KOZHIKODE. 2. VENUGOPALAN, S/O. BALAKRISHNAN NAIR, AGED 55 YEARS, EDAKALAPURATH HOUSE, PANTHEERANKAVU POST, KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. M.N. KRISHNAN, J ------------------------- M.A.C.A. No.1439 OF 2009 -------------------------------- Dated this the 5th day of February, 2010. J U D G M E N T This is an appeal preferred against the award of the Tribunal in OP(MV) 1932/05. The claimant a rider of motor cycle was hit by a van resulting in the sustainment of injuries to him. The court below was not satisfied with the first information report holding that it is an interested version. The claimant should have been more careful and should have produced more documents to prove the case. There were laches on his part. Now the learned counsel for the appellant would submit before me that if an opportunity is given, the claimant will produce documents so as to establish the case. I am inclined to grant an opportunity. Therefore, the award under challenge is set aside and the matter is remitted back to the tribunal with a direction to permit the concerned parties to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The claimant is directed to appear before the court below on 4.3.2010 and then take out summons to all the respondents for a proper disposal of the case. M.N. KRISHNAN, JUDGE. sou.