IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 785 of 2009()
1. BABY, S/O.KUNJAPPAN,
... Petitioner
Vs
1. SHAJI, S/O.MOHAMMED,
... Respondent
2. NIYAS, S/O.ABOOBACKER,
3. THE BRANCH MANAGER,
For Petitioner :SRI.C.DILIP
For Respondent :SRI.P.JACOB MATHEW
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/12/2009
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.No.785 OF 2009
.............................................
Dated this the 15th day of December, 2009
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Muvattupuzha in OP(MV)No.1420/2004.
The claimant did not get ready with the matter nor did
tender any evidence and therefore the Tribunal was forced to
dismiss the application.
2. Now it is submitted that there was no negligence of
intentional act to avert the court and therefore, an
opportunity may be given.
3. Considering the said submission, I am inclined to
grant an opportunity. Therefore the award under challenge
is set aside and the matter is remitted back to the Tribunal
with a direction to permit all 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 appellant and the insurance
company are directed to appear before the Tribunal on
: 2 :
21.1.2010 and the claimant is further directed to take out
notice to R1 and R2 in the claim petition after he enters
appearance for a proper disposal of the case.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl