IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 MACA.No. 1494 of 2007() ----------------------- OPMV.528/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT: CLAIMANT: ------------- SISILY, W/O. VARGHESE, AGED 48 YEARS, PARANAUIL HOUSE, KUZHIPPILLI P.O., KOTHAMANGALAM. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENTS: RESPONDENTS: ------------------ 1. KRISHNAKUMAR, S/O.GOPALAKRISHNAN NAIR, KODUMBILLIL HOUSE, INCHOOR, VARAPETTY P.O., KOTHAMANGALAM. 2. K.N.GOPALAKRISHNAN, S/O.NARAYANAN NAIR, KODUMBILLIL HOUSE, INCHOOR, VARAPETTY P.O., KOTHAMANGALAM. 3. UNITED INDIA INSURANCE CO. LTD., MUVATTUPUZHA. R3 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.1494 of 2007 ------------------------------- Dated this the 20th February, 2008. J U D G M E N T Petitioner in O.P.(M.V.) No.528/2006, on the file of the Motor Accidents Claims Tribunal, Muvattupuzha, is the appellant. The case was posted for written statement of Insurer. It did not file any written statement or vakalath. Hence, the Insurer was called and set ex parte. Thereafter, the Tribunal perused the documents produced by the petitioner and took a view that there is no evidence to award compensation and dismissed the Original Petition. The procedure followed by the Tribunal is illegal. The case was not posted for trial at all. The owner and driver were set ex parte already. If the Insurer had not filed any written statement, the case ought to have posted for evidence. The award passed by the Tribunal is unsustainable and liable to be set aside. 2. In the result, the appeal is allowed. The impugned order passed by the Tribunal is set aside. O.P.(M.V.) No.528/2006 is remanded back to the Tribunal, for fresh disposal, after affording reasonable opportunity to both sides to adduce evidence. It is made M.A.C.A.No.1494/2007 2 clear that in case the Insurer files a petition to receive the written statement, the same shall also be considered, before passing final award. K.PADMANABHAN NAIR, JUDGE nj.