Claimants must be afforded a fair opportunity to present their case, ensuring justice is served in negligence claims regarding motor vehicle accidents.

The above appeal is filed by the claimant in O.P(MV) No.584/2016 on the file of the Motor Accidents Claims Tribunal, Kollam challenging the dismissal of the award passed by the Tribunal.

2. According to the appellant, the appellant met with an accident on 22.09.2015 while waiting for his brother-in-law in front of Syndicate Bank, Chathannoor. The offending vehicle bearing Reg.No.Kl-02/AP-8190 driven by the second respondent in a negligent manner, hit down the appellant and as a result, the appellant fell down on the road and sustained severe injuries. The appellant preferred a claim petition claiming compensation of Rs.7,47,000/- along with interest and cost from the respondents.

3. Respondent Nos. 1 and 2 filed a written statement jointly contending that the compensation claimed under various heads is exorbitant and exaggerated. The third respondent filed a written statement stating that there was no negligence on :-3-:

the part of the second respondent for the accident.

Though the offending vehicle was having a valid insurance policy with the third respondent on the date of the accident, because of the violation of the policy conditions, the insurer is not bound to indemnify the insured. Exts.A1 to A16 were marked in evidence on the side of the claimant. The respondents did not let in any evidence. The Tribunal, after consideration of the facts, found that the claimant has not adduced any evidence to prove that the accident occurred due to the negligence of the rider of the motorcycle. Thus, the petition was dismissed by the Tribunal.

4. Heard the learned counsel for the petitioner as well as the Standing Counsel for the third respondent.

5. Respondents 1 and 2, though received notice, remained ex parte.

6. Learned counsel for the appellant submits that though the appellant filed a petition before the Tribunal, the appellant was not given an opportunity :-4-:

to adduce evidence in this case.

7. I have perused the proceedings sheet of the Tribunal. On a perusal of the proceedings sheet, it is seen that opportunity was granted to the claimant to adduce evidence on 17.12.2018 and 17.01.2019. The claimant, though represented, did not adduce any oral evidence. The documents Exts.A1 to A9 were marked. Further, the case was posted for hearing on 15-02-2019, 21-03-2019, 25-03-2019, 29-03-2019, 10- 04-2019, 21-05-2019, 03-06-2019 and on 10-06-

2019. Finally, on 15-06-2019, the Original Petition was dismissed.

8. Learned counsel for the appellant submits that though FIR and supporting documents were produced by the appellant herein, the Tribunal did not consider those documents and clearly stated that no oral evidence was adduced by the appellant to substantiate his case.

9. Per contra, the learned Standing Counsel for the Insurance Company submits that the charge sheet is not seen produced in the case. However, the :-5-:

appellant seeks one more opportunity to adduce evidence. Learned counsel for the appellant submits that serious injury occurred to the claimant with regard to the accident and he seeks one more opportunity to adduce evidence before the Tribunal.

10. On consideration of the facts and circumstances of the case, though the Tribunal has given ample opportunity to the appellant herein to adduce evidence, no evidence was adduced by the appellant/claimant. However, on a perusal of the injury and also the documents produced by the appellant, I am of the view that one more opportunity has to be given to the appellant, but certainly on terms.

Accordingly, the appeal is disposed of. The award passed by the Tribunal is set aside. The Tribunal shall reconsider the matter afresh after affording the appellant an opportunity to adduce evidence, oral as well as documentary.

The appellant is directed to pay an amount of Rs.3000/- (Rupees Three Thousand only) to the Kerala State :-6-:

Legal Services Authority within a period of 10 days from the date of receipt of a certified copy of this judgment. Both parties are directed to appear before the