IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL APPEAL NO. 4746  OF 2008 (Arising out of S.L.P.(C) No.9519/2006)

HAMZA ADAMPULAN @ A. BEERANKUTTY ... APPELLANT(S)

:VERSUS:

EDATHODI ABDUL NAZER ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties and having regard to the

duty cast on the Motor Accident Claims Tribunal to arrive at an amount providing

'just compensation' to the  claimant and in the peculiar facts and circumstances of this

case, we are of the opinion that an opportunity should be given to the appellant to

adduce  additional  evidence  which  has  been  produced  before  us.   It  furthermore

appears that the learned Tribunal and consequently the High Court had not adverted

to the question as to how much amount the appellant  used to remit to his  family

members from Kuwait.  

We, therefore, set aside the impugned judgment of the High Court as also the

award of the Tribunal  and remit the matter to Motor Accidents Claims Tribunal,

Manjeri, for the purpose of determining the amount of additional compensation to

which they may be found entitled to.  

-2-

The parties shall be entitled to adduce additional evidence.  

It would be open to the appellant to file appropriate application before the

Tribunal for early hearing of the matter, which may be considered on its merits.

The appeal is disposed of accordingly.

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH)    NEW DELHI, JULY 28, 2008.