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2026 Supreme(Online)(Ker) 13848

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
DILEEP.P.R. – Appellant
Versus
M.P.SAUMYA – Respondent
OP (MAC) NO. 53 OF 2025 | OPMV NO.509 OF 2022



Advocates:
For the Appellants/Petitioners: P.M.JOSHI, SRUTHI SUNILKUMAR, C. GOKULKRISHNAN, SURESH MATHEW
For the Respondents: R.REJI, LATHA SUSAN CHERIAN, M.V.THAMBAN, THARA THAMBAN, B.BIPIN, ARUN BOSE, JEENA A.V., ARJUN R., K.S. SANTHI

Headnote:{'paragraphs': [{'statute_analysis': 'The court addressed applications to reopen evidence under the Motor Accidents Claims Tribunal rules.', 'facts_of_case': 'The petitioner filed applications to examine eyewitnesses after the evidence was closed, praising their necessity to support the claim.', 'findings_of_court': 'The Tribunal dismissed the applications viewing them as delay tactics.', 'second_paragraph': {'issues': 'The court examined whether the dismissal of the applications was justified.', 'ratio_decidendi': 'The court found the dismissal unjustified as it focused only on alleged delay without substantial reasoning.', 'last_paragraph': 'The impugned orders are set aside, and the petitioner is permitted to examine the witnesses sought for in the applications referred above.'}}, 'main_legal_point”: ', "category”: “Civil Law”,”sub_category”: “Motor Accidents Claims”,”keywords”: [“Evidence reopening”, “Eyewitnesses”, “Delay tactics”, “Judicial discretion”, “Tribunal orders”],”acts”: [],”case_laws”: [],”final_verdict”: “Allowed”,”paragraph_classifications”: [{“category”: “facts”, “paragraphs”: [1, 2]}, {“category”: “arguments”, “paragraphs”: [3]}, {“category”: “court_observation”, “paragraphs”: [4, 5]}, {“category”: “ratio_decidendi”, “paragraphs”: [6]}, {“category”: “final_conclusion”, “paragraphs”: [6]}],”semantic_chunks”: [{“group_number”: 1, “paragraphs”: [1, 2], “legal_principle”: “Challenge to Tribunal order for reopening evidence.”}, {“group_number”: 2, “paragraphs”: [3], “legal_principle”: “Arguments against reopening evidence dismissed as delay tactics.”}, {“group_number”: 3, “paragraphs”: [4, 5], “legal_principle”: “Court observations on Tribunal's reasoning.”}, {“group_number”: 4, “paragraphs”: [6], “legal_principle”: “Final decision allowing evidence examination.”}]}"]}

JUDGMENT

The petitioner challenges the order in I.A.Nos.6/2025, 7/2025 and 8/2025 in O(MV) No.509/2022 on the files of the Motor Accidents Claims Tribunal, Kottayam.

2. These applications were filed to reopen the evidence and permit examination of the eye witnesses. It is stated that witnesses 2 to 4 are the witnesses in the abated charge submitted by the police, and therefore, their examination is necessary to prove the case.

3. The Tribunal dismissed the applications through Exts.P6, P7 and P9 orders stating that the first respondent did not opt to adduce evidence and therefore the evidence was closed on 05.02.2025 and the attempt of the petitioner was only to delay the proceedings.

4. Upon admission of this original petition, an interim stay of proceedings was granted.

5. After hearing the learned counsel appearing on all sides and going through the impugned orders, which do not give any other reason other than the alleged delay tactics for dismissing the petition, I am inclined to allow the applications filed before the Tribunal. It is made clear that I have not considered the merits of the case or the relevance or otherwise of the evidence to be adduced.

6. The impugned orders are set aside, and the petitioner is permitted to examine the witnesses sought for in the applications referred above. Taking note of the fact that the claim petition is of the year 2022, there will be a further direction to pass final orders in O(MV) No.509/2022 within four months from the date of receipt of a copy of this judgment.

The original petition is allowed as above.

Sd/-

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