SAFEER M P Vs. JOHNY

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2470/04. The claimant while riding a motorcycle met with an accident on account of a collision with a jeep and approached the Tribunal for compensation. I have found in so many cases that necessary documents are never produced before the Tribunal and the parties are not being examined as well. I had occasion to make comments on earlier occasions and therefore refrain myself from making other comments. But it has to be stated that claimant is the person concerned and justice should not be denied to him. Therefore I am inclined to grant an opportunity.

(2.) 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 both documentary as well as oral evidence in support of their respective contentions and let the matter be disposed of in accordance with law. The appellant is directed to appear before the Tribunal on 6.9.10.