The High Court of Kerala set aside the Motor Accidents Claims Tribunal award and remitted the matter for a fresh proceeding, directing parties to produce evidence with an appearance date fixed.
The award of the Tribunal under challenge is set aside and remitted with a direction to permit parties to produce evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
TUESDAY, THE 3RD AUGUST 2010 / 12TH SRAVANA 1932
MACA.No. 1540 of 2009(C)
----------------------------OPMV.2470/2004 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT(S): PETITIONER IN OPMV.
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SAFEER.M.P.,S/O.HASSAN KOYA HAJI, RESIDING AT KOLANGARAKANDI HOUSE, P.O.VAVAD (VIA),KODUVALLY,KOZHIKODE.
BY ADV. SRI.AVM.SALAHUDIN
SMT.P.Y.SHEHEERA
RESPONDENT(S): RESPONDENTS IN OPMV.
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1. JOHNY,S/O.DEVASSYA, RESIDING AT PARAMANDIYIL HOUSE, PUTHUSSERY,THONDARNADU,MANANTHAVADY.
2. UNITED INDIA INSURANCE COMPANY LTD., CHEROOTTY ROAD,KOZHIKODE.
3. M.A.JOSEPH,MALIAKKAL HOUSE, POOMALA,P.O.SULTAN BATHERY,WAYANAD.
R2 BY ADV. SRI P.V.JYOTHI PRASAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1540 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of August, 2010.
This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2470/04.
The claimant while riding a motorcycle met with an accident on account of a collision with a jeep and approached the Tribunal for compensation. I have found in so many cases that necessary documents are never produced before the Tribunal and the parties are not being examined as well. I had occasion to make comments on earlier occasions and therefore refrain myself from making other comments. But it has to be stated that claimant is the person concerned and justice should not be denied to him. Therefore I am inclined to grant an opportunity.
The award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce both documentary as well as oral evidence in support of their respective contentions and let
M.A.C.A. 1540 OF 2009
-:2:-
the matter be disposed of in accordance with law. The
appellant is directed to appear before the Tribunal on 6.9.10.
Sd/M.N. KRISHNAN, JUDGE.
ul/-
[true copy]
P.A. To Judge.
1 issue framed by the court
Whether the Motor Accidents Claims Tribunal erred in not examining parties and accepting evidence.
SAFEER.M.P.
JOHNY
UNITED INDIA INSURANCE COMPANY LTD.
M.A.JOSEPH
M.N. KRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
