Appeal remanded for fresh consideration due to new evidence proving negligence in motor accident claim.

JUDGMENT This appeal arises from the order of the Motor Accidents Claims Tribunal (hereinafter referred to as “the Tribunal”), Mavelikkara, which dismissed OP(MV) No. 759 of 2011 filed by the appellant/claimant seeking compensation under Section 166 of the Motor Vehicles Act, 1988 for the injuries sustained by him in a motor vehicle accident.

2. The case of the claimant is that on 13.02.2011 at about 7.30 p.m., while the claimant was riding his bicycle, and when he reached at Kakkanad Junction, he was knocked down by a motorcycle bearing Reg.No.KL 29 /4 4994 driven by the 1^st respondent in a rash and negligent manner. As a result of the accident claimant sustained serious injuries. According to the claimant, the accident occurred due to the rash and negligent riding of the motorcycle by R1, who was the owner cum- driver of the motorcycle. The 2^nd respondent is the insurer of the offending vehicle. Claimant sought compensation under Section 166 of the Motor Vehicles Act from respondents 1 and 2.

3. The 1^st respondent remained absent before the Tribunal.

4. The 2^nd respondent filed written statement admitting the policy but the allegation of negligence on the part of the 1^st respondent was denied by the 2^nd respondent.

5. After trial, the learned Tribunal dismissed the OP on the ground that the claimant failed to produce any oral or documentary evidence to show that the 1^st respondent was negligent in driving the motorcycle and there is no evidence to prove that the accident occurred due to the negligence of the 1^st respondent.

6. Challenging the dismissal of OP, the appellant/ claimant has preferred this appeal. During the pendency of the appeal, appellant/ claimant has produced the copy of the final report in Crime No.143/2011 of Kayamkulam Police station in respect of the motor vehicle accident, in which he sustained injuries, along with few other documents to substantiate his case that such a motor vehicle accident happened on 13.02.2011, and it was due to rash and negligent riding of the 1strespondent, who was the rider of the motorcycle bearing Reg. No.KL 29 /4 4994 the accident occurred.

7. The final report in Crime No.143/2011 of Kayamkulam Police Station would prima facie show that on 13.02.2011, there was a motor vehicle accident involving the motorcycle ridden by the 1^st respondent. In such circumstances, this Court of the view that, an opportunity is to be granted to produce the documents relating to the motor accident in question before the Tribunal and to prosecute the OP(MV) 759/2011.

Accordingly, this appeal allowed; the impugned award of the tribunal dismissing OP(MV) No.759 of 2011 stands set aside and the matter is remanded back to the Motor Accidents Claims Tribunal, Mavelikkara for fresh consideration in accordance with law. Appellant/ claimant is permitted to produce the additional documents before the Tribunal. It is made clear that, if any compensation is awarded in the OP, the claimant will not be entitled for interest for the period of 884 days delay in filing the appeal.