IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2447 of 2009()
1. K.MUHAMMED
... Petitioner
Vs
1. V.SUDHEESHKUMAR & 2 OTHERS
... Respondent
For Petitioner :SRI.V.S.CHANDRASEKHARAN
For Respondent :SRI.P.MURALEEDHARAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :28/05/2010
O R D E R
M.N.Krishnan, J.
------------------------------------------
M.A.C.A.No. 2447 of 2009
------------------------------------------
Dated this the 28th day of May, 2010
JUDGMENT
This is an appeal preferred against the award of the
Motor Accident Claims Tribunal, Kozhikode in O.P.(MV) No.1461
of 2005. Time and again I am coming across awards of the Tribunal
where a particular lawyer has appeared and he does not seem to be
prosecuting the matters vigilantly. Even the wound certificate had to
be produced by the respondent in the case and the claimant was
satisfied with one First Information Statement. The wound
certificate which was produced shows that an unknown male has
been admitted in the hospital. There was a fundamental duty cast
upon the claimant and his counsel to satisfy the conscience of the
court regarding the involvement in the incident as well as the injury
sustained. I am not going to elaborate since justice shall not fail.
I am inclined to grant an opportunity. Therefore, the award is set
M.A.C.A.No.2447 of 2009
– 2 –
aside and the matter is remanded back to the Tribunal with a
direction to all concerned to produce documentary as well as
oral evidence in support of their contentions and the matter be
disposed of in accordance with law. The appellant is directed to
appear before the Tribunal on 8.7.2010 and then take notice to
the respondents for their appearance.
The appeal is disposed of as above.
M.N.Krishnan,
Judge
vns