JOHNSON, S/O. POULO, PAROKARAN HOUSE, PARAKADAVU VILLAGE, MAMBRA KARA Vs. SUNNY. P.P., PAROKARAN HOUSE, PARAKADAVU VILLAGE, MAMBRA KARA,

JUDGEMENT

(1.) THE claimant before the Motor Accidents Claims Tribunal being aggrieved by the award under which his claim petition was dismissed by the Tribunal, is the appellant. According to the appellant he was pillion riding a Honda Activa Scooter ridden by the second respondent, one Baiju which capsized resulting in major injuries to him. Before the Tribunal the appellant was examined as PW1. He deposed in cross examination that Baiju, the rider also sustained injuries and was treated for such injuries. But when he was asked whether he can produce documents which will prove that the Baiju was treated for the injuries, he answered in the negative. The learned Tribunal under the impugned award would infer on the basis of the appellant's deposition as PW1 that the vehicle was ridden by the appellant himself. In that view of the matter the learned Tribunal dismissed the claim as compensation cannot be awarded for accidents of the claimant's own making. Having considered the submissions addressed before us by Smt. G. Gopakumar, the learned counsel for the appellant and the learned Standing Counsel for the Insurance Company and having made a quick re -appraisal of the evidence, we feel that this is a case where the appellant should be given an opportunity to adduce evidence to show that Baiju, the rider of the scooter had also sustained injuries and had taken some treatment for such injuries. We therefore, set aside the impugned award and remit OP(MV). 833/03 to the Motor Accidents Claims Tribunal, Perumbavoor for a fresh decision. The learned Tribunal is directed to permit the appellant to adduce evidence for proving that Baiju, the rider of the scooter was actually riding the scooter at the time of the accident and also that he had also sustained some injuries for which he had taken treatment. The learned Tribunal will expedite matters and would complete the enquiry pursuant to this judgment and will pass revised award at the earliest and at any rate within two months of parties entering appearance pursuant to this order of remand. Parties will enter appearance before the Tribunal on 13/08/12.