IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1409 of 2005()
1. UDAYAKUMAR, S/O.GANGADHARAN,
... Petitioner
Vs
1. SARATHCHANDRAN PILLAI, S/O.CHELLAPPAN
... Respondent
2. VINDO KUMAR, S/O.RAMACHANDRAN PILLAI,
3. THE DIVISIONAL MANAGER, ORIENTAL
For Petitioner :SRI.RAJEEV V.KURUP
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/11/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1409 OF 2005
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Dated this the 24th day of November, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kottayam in O.P.(MV)1996/99.
The claimant, said to be a police constable, sustained
injuries in a road accident. His claim petition was dismissed
for the reason that he did not produce any document nor did
tender any evidence. The case was taken up on 17.12.99 for
judgment and disposed of on 20.12.99. The learned counsel
for the appellant would contend before me that the
documents were produced on 17.12.99 and the Tribunal
could not considered it because it has not been marked and
no petition to reopen the case was filed. I do not want to
say anything regarding the conduct of the matter but suffice
to say natural justice has to be complied with and an
opportunity has to be given. Therefore the award under
challenge is set aside and the matter is remitted back to the
M.A.C.A. 1409 OF 2005
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Tribunal for fresh consideration by permitting all concerned
to produce documentary as well as oral evidence in support
of their respective contentions. The appeal is disposed of
accordingly. Parties are directed to appear before the
Tribunal on 23.12.2009.
M.N. KRISHNAN, JUDGE.
ul/-