The petitioner whose claim petition, filed as O.P.(M.V.) No.1858 of 2006 before Motor Accidents Claims Tribunal, Kozhikode claiming compensation on account of the motor vehicle accident faced by him, was dismissed, has come up in appeal. The appellant was aged only 11 years at the time of accident and he filed the claim petition through his father as next friend. 2. According to the appellant, he had suffered an accident on 23.8.2006 when he was hit by motor cycle bearing Reg.No.KL.11/T 2359 while he was walking through the road. It seems that the Tribunal has chosen to dismiss the claim petition on the ground that the accident was not proved and also further finding that even though there was a fracture of clavicle, the Tribunal could not notice any subsisting discomfort or restriction in movement, on examination. All the observations in the order remains unwarranted. There is no reason to find that there was no proof of any accident. Ext.A1 copy of F.I.R. and Ext.A2 Wound Certificate clearly show that the boy had suffered the accident. Some extraneous matters of general importance are unnecessarily shown in the impugned award to throw away the case of the appellant to the dust bin. All the observations are unfounded and erroneous, and therefore, the impugned order is liable to be set aside.
In the result, this appeal is allowed and the impugned order is set aside. The O.P. is restored and the same is remanded back to the tribunal for fresh consideration in accordance with law. The parties shall appear before the Tribunal on 21.7.2014. They are at liberty to adduce fresh/further evidence in the matter. The Tribunal shall consider the application and dispose of the same in accordance with law, as expeditiously as possible. There is no order as to costs.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY //