The petitioner is aggrieved with Exhibit P3 order passed by the Motor Accidents Claims Tribunal, Neyyattinkara. 2. The petitioner, a minor at the time of the accident, i.e., on 21.03.2005, suffered some injuries, which, even according to the claim petition at Exhibit P1, are (i) sutured injury on the left palm and (ii) multiple injuries all over the body. The father of the petitioner, representing the petitioner, filed an application before the Tribunal for compensation. The claim petition was filed in the year 2005. When the matter was taken up in the year 2011, it was found that there was no medical records produced. For that reason, the claim petition stood dismissed for default.
3. The petitioner's father, hence, made an application under Exhibit P2. The application was filed within time. The claim was dismissed for default on 10.06.2011 and OP(MAC).3180 of 2013 - 2 -
the application was filed on 13.06.2011, within three days from the date of dismissal fo the claim petition for default. The matter was finally disposed of by Exhibit P3 dated 20.03.2013, rejecting the application.
4. From Exhibit P3, it is clear that the claim petition was dismissed only for the reason of non-production of medical records. The petitioner's contention is that the wound certificate was produced and that was the only medical record available. Such prayer could not be made before the Tribunal, because the petitioner's counsel was engaged in another Court, is the contention taken.
5. Considering the fact that the application filed in time, for setting aside a dismissal for default, was considered after two years, it is only proper that the petitioner be provided with an opportunity to produce medical records, if any, and contest the matter. Exhibit P3 would stand set aside. The application filed at Exhibit P2 shall stand allowed. The Tribunal shall pass orders in accordance with law and the directions issued herein, within a period of two weeks from the date of OP(MAC).3180 of 2013 - 3 -
production of a certified copy of this judgment. The petitioner shall also produce any medical records, if available, within that time. The claim shall be considered on its merits.
The Original Petition is allowed. Parties are left to suffer their respective costs.
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Sd/- K.Vinod Chandran Judge ( true copy )