IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 385 of 2009()
1. P.G. BABU, AGED 57 YEARS,
... Petitioner
Vs
1. V.B. SUREHS, VELLAMANOOR HOUSE,
... Respondent
2. SATHEESAN, S/O. KUMARAN,
3. NATIONAL INSURANCE COMPANY,
For Petitioner :SRI.P.K.SAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/12/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 385 OF 2009
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Dated this the 18th day of December, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, North Paravur in O.P.(MV)
1253/03. The claimant, a responsible police constable,
sustained injuries in a road accident but did not produce any
proper document before the Tribunal which resulted in
dismissal of the case. Along with the memorandum of
appeal an outpatient ticket is produced that too a photocopy
to connect the fact that he had sustained injuries in the
accident. Learned counsel for the appellant would submit
that his name is made mention of in the FIR and charge
sheet and so it is not a false case. I do not want to say
anything about non production of material documents at this
stage but there appears to be some truth in what the
claimant’s counsel submit and therefore interest of justice
requires an opportunity to be given to substantiate the case.
Therefore the award under challenge is set aside and the
M.A.C.A. 385 OF 2009
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matter is remitted back to the Tribunal with a direction to
permit the claimant to produce necessary documents in
support of his contentions and adduce oral evidence if
necessary and then the Tribunal shall dispose of the matter
in accordance with law. The claimant is also directed to take
out notice to the respondents after he enters appearance
before the Tribunal. The claimant is directed to appear
before the Tribunal on 21.1.2010.
M.N. KRISHNAN, JUDGE.
ul/-