E.Venu vs The Managing Partnr on 24 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 1399 of 1999()



1. E.VENU
                      ...  Petitioner

                        Vs

1. THE MANAGING PARTNR
                       ...       Respondent

                For Petitioner  :SRI.THOMAS ANTONY

                For Respondent  :SRI.GEORGE CHERIAN (THIRUVALLA)

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :24/07/2008

 O R D E R
                             M.N.KRISHNAN, J.
                             --------------------------
                          M.F.A. No. 1399 OF 1999
                               ---------------------
                    Dated this the 24th day of July, 2008

                                 JUDGMENT

This appeal is preferred against the award passed by the Motor

Accident Claims Tribunal, Tirur, in OP(MV) 1781/95. The Tribunal had

dismissed that application for default.

2. It has to be borne in mind that the very intendment of the

beneficial legislation is to award compensation on consideration of the

materials. It is equally true that there is a duty cast on the claimant to help

the court by producing documents. A Division Bench of this court held that

ordinarily an application for compensation shall not be dismissed for

default. It has been modified by a Full Bench to a certain extent.

Whatever it may be, I feel this is a case where an opportunity can be given

for the parties to conduct the case on merits.

Therefore, the appeal is allowed and the award passed by the

Tribunal is set aside and the matter is remitted back to the Tribunal for

fresh consideration. Parties are permitted to produce documentary as well

as oral evidence in support of their respective contentions and the Tribunal

shall pass appropriate orders in accordance with law.

Parties are directed to appear before the Tribunal on 29.8.08.

M.N.KRISHNAN, JUDGE
vps