~ ~ ~ ~ ~ ~ ~ ~ ~ The appellant herein is faced with an unfortunate situation, wherein his claim for compensation on account of a motor vehicle accident was unnecessarily thrown to the dust bin, through a perverse award by the Motor Accident Claims Tribunal, Kozhikode, in O.P.(MV) No. 429/2008. The petitioner sustained a motor vehicle accident on 09.10.2007 as he was knocked down on the road by a motor cyclist while he was walking through the road. Ext.A1 is the copy of the first information report. Ext.A2 is the copy of the wound certificate, which reveals that he sustained injuries in a road traffic accident. 2. The Tribunal has erroneously found that the person sustained injuries in a road traffic accident is not entitled to get any compensation. Almost all motor vehicle accidents are road traffic accidents. Further, the petitioner was found fault with by the learned Tribunal by mentioning that the registered owner of the motor vehicle was not contesting the proceedings. The learned Tribunal has taken a stand that it is the duty of the appellant to see that the petition is contested by the registered owner of the vehicle. Much discussion is not required to conclude that all the findings in the award are erroneous. The impugned award is totally perverse. It seems that unnecessarily the claim has been dismissed. Therefore, the entire matter requires reconsideration.
In the result, this Appeal is allowed and the impugned award is set aside. The matter is remanded back to the Tribunal for fresh consideration and for disposal in accordance with law. All the parties are represented before this Court. The parties shall appear before the Tribunal on 01.07.2014. The Tribunal shall dispose of the matter on merits, within a period of three months from the date of appearance. The parties are at liberty to adduce fresh evidence or further evidence, as the case may be.
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(B.KEMAL PASHA, JUDGE) aks/23/05 // True Copy // PA to Judge