IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1329 of 2009()
1. SOUMINI
... Petitioner
Vs
1. SULAIMAN AND OTHERS
... Respondent
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :08/02/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1329 OF 2009
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Dated this the 8th day of February, 2010.
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)2235/02.
The claimant who is alleged to have sustained injuries in a
road accident moved an application for compensation and the
Tribunal dismissed it on the ground that there is no evidence
to prove the involvement of the vehicle KL-11/M-2268 in the
accident. The learned counsel had produced before me for
perusal a petition which was returned by the Tribunal
wherein it is seen that he wanted to produce some
documents to establish his case. Therefore there was some
attempt on his part to convince the conscience of the Court
but unfortunately before he could produce it the petition was
dismissed. Therefore I am inclined to grant an opportunity
to the claimant to produce documents. Therefore the award
under challenge is set aside the matter is remitted back to
M.A.C.A. 1329 OF 2009
-:2:-
the Tribunal with a direction to permit the parties concerned
to produce documentary as well as oral evidence in support
of their respective contentions and then dispose of the
matter in accordance with law. The claimant shall take out
notice to respondent in the claim petition after she enters
appearance before the Tribunal on 4.3.2010.
M.N. KRISHNAN, JUDGE.
ul/-