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Judgment
6 paragraphs · 379 wordsT.R.Ravi, J
The claimant before the Motor Accident Claims Tribunal, Kalpetta has filed this appeal aggrieved by the dismissal of the claim petition by the Tribunal for the reason that there is no independent evidence apart from the interested testimony of PW1. The Tribunal has also observed that Exts.A1 and A2 are the FIR and driving licence which are not valid to prove the negligence on the side of the respondents.
Heard Sri M.P.Ashok Kumar, learned counsel on behalf of the appellant, Sri S.A.Abdul Salam, learned counsel for respondents 1 and 2 and Sri N.S.Mohammed Usman, learned counsel for the 3rd respondent.
The claimants are the wife, children and the mother of the deceased Suresh Babu who died in a motor vehicle accident on 05.01.2003. The deceased was travelling in an autorickshaw owned by the 3rd respondent which capsized on the side of the road and the passengers including the deceased sustained grievous injuries. The deceased was taken to District Hospital, Mananthavady from where he was referred to Medical College Hospital, Kozhikode. Suresh Babu succumbed to the injuries on 05.01.2003. A crime was registered as Crime No.6/2003 of the Pulpally Police Station. The only contention that has been taken up by the appellants before this Court is that even though they have the postmortem report showing the cause of death as the accident and the charge sheet to show the negligence of the driver of the vehicle, the same could not be produced before the Tribunal and they may be given an opportunity to produce the same and prove the claim before the Tribunal. The request made by the counsel for the appellant is reasonable.
In the above circumstances, the award passed by the Tribunal on 24.07.2008 is set aside. The case is remanded back to the Tribunal for fresh consideration after allowing the claimants and the respondents to adduce additional evidence. The Registry shall return the lower court records to the Tribunal for giving effect to the directions in the judgment. The parties shall appear before the Tribunal on 06.10.2021 and the Tribunal shall make all endeavour to consider and pass fresh orders as directed within six months thereafter.
The parties shall bear their respective costs. The appeal is disposed of as above.