IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 24 of 2007(A) --------------------------------- OPMV.820/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/CLAIMANT-PETITIONER : ------------------------------------------------------- K.S.SYED HUSSAIN, AGED 65 YEARS, S/O. SYED KASIM SAHIB, HARISH MANZIL, VILLAGE OFFICE ROAD, NENMARA P.O., CHITTUR TALUK. BY ADV. SRI.P.R.VENKATESH RESPONDENTS/RESPONDENTS : ---------------------------------------------- 1. SASIKUMAR P.K., AGED 29 YEARS, S/O. RAGHAVAN, PULIKKALPARAMBU, CHATHAMANGALAM P.O., CHITTUR TALUK. (OWNER CUM DRIVER OF THE VEHICLE BEARING REGISTRATION NO.KL-9/C 3794). 2. UNITED INDIA INSURANCE CO. LTD., NENMARA, (INSURER OF THE AUTO RICKSHAW BEARING REGISTRATION NO.KL-9/3794), POLICY NO.1010204/31/ 60/11/05271/95-96) BY ADV. SRI.C.RAGHAVAN - R1 SMT.M.LALITHA NAIR - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 24 OF 2007 --------------------- Dated this the 16th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) 820/98. the appellant, claiming to be the owner of the jeep bearing registration No. KRZ/7731, had claimed Rs.21,307/- for the damages sustained to the jeep. The Tribunal did not entertain the claim for want of documents. It is against that decision, the present appeal is preferred. 2. Heard counsel for the appellant and the Insurance Company. Learned counsel for the appellant had shown me a petition prepared by the counsel before the lower court which shows that he had presented the documents with a petition to receive it. It was returned with an endorsement 'file petition properly in file form'. Unfortunately, it appears no further steps were taken to cure the defect and to produce the documents and that had resulted in the ultimate dismissal of the case. MACA No.24/07 2 3. Learned counsel would submit that he may be given an opportunity to produce the documents to establish his ownership as well as the quantum which he is entitled to. Therefore, the award under challenge is set aside, i.e. the award in OP (MV) 820/98, and the matter is remitted back to the Tribunal for fresh consideration. The appellant as well as the respondents are permitted to produce documentary as well as oral evidence in support of their respective contentions. After considering the entire materials, the Tribunal is directed to dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 26.8.08. M.N.KRISHNAN, JUDGE vps MACA No.24/07 3