IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 MACA.No. 1109 of 2009(B) ----------------------- OPMV.3708/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV -------------------------------- ABDUL BASHEER, S/O. AMMED,(LATE) AGED 46 YEARS, MUTHALKUZHKKAL,P.O.PARAPPANPOYIL VIA THAMARASSERY, KOZHIKKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT(S)/RESPONDENT: ---------------------------------------- 1. K.UMMERKUTTY, S/O. AYAMMEDKUTTY, AGE NOT KNOWN, KALPALLY, KUNNUMMAL HOUSE, KARALANTHIRI CALICUT. 2. UNITED INDIA INSURANCE CO. LTD., VELIMANA BUILDING THAMARASSERY, KOZHIKODE. ADV. SRI.E.NARAYANAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1109 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)3708/01. The claimant sustained injuries in a road accident and his case has been dismissed by the Tribunal. The case of the claimant is that while he was travelling in a motorcycle a jeep came and collided with it resulting in injuries. The Tribunal found that necessary and proper documents are not produced before the Tribunal to evaluate it correctly. I cannot blame the Tribunal for that and there is a duty cast on the counsel appearing for the parties to produce relevant documents to satisfy the conscience of the court. I do not want to elaborate further. The learned counsel appearing before me has made available for perusal certified copies of various documents which indicate that there is a presentable case for the claimant. Therefore I am inclined to grant an opportunity. Therefore the award under challenge is set M.A.C.A. 1109 OF 2009 -:2:- aside and the matter is remitted back to the Tribunal and the parties are permitted to produce both documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law after hearing all concerned. Parties are directed to appear before the Tribunal on 11.12.2009. M.N. KRISHNAN, JUDGE. ul/-