Single judge allowed the Motor Accident Claims Appeal, set aside the Tribunal's award dismissing the claim for lack of ownership proof, and remitted the matter for production of documentary and oral evidence.
Award set aside; matter remitted to Tribunal with direction to produce documentary and oral evidence; parties directed to appear on 23.9.2010.
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
FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932
MACA.No. 812 of 2010(C)
----------------------------------[O.P. (MV).NO.908/2003 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR]
APPELLANT/PETITIONER IN M.V.O.P:
------------------------------------------------------
VINOD,S/O.VIDYADHARAN, MULLAPARAMBIL HOUSE, KAINOOR, PUTHOOR.
BY ADV. SRI.DINESH MATHEW J.MURICKEN.
RESPONDENTS/RESPONDENTS IN M.V.O.P:
---------------------------------------------------------------
1. C.P.KUNJUKUNJAN,PLOT NO.207, HILL GARDENS,KUTTANELLUR,THRISSUR.
2. SELBIN,CHERUVATHOOR HOUSE, HILL GARDEN,KUTTANELLUR,THRISSUR.
3. NATIONAL INSURANCE CO.LTD., THRISSUR.
R3 BY ADV. SRI.RAJAN P.KALIYATH.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
prv.
M.N. KRISHNAN, J.
M.A.C.A.NO.812 OF 2010
Dated this the 13th day of August, 2010.
J U D G M E N T
This is an appeal preferred against the award of the Claims Tribunal, Thrissur in OP(MV)No.908/2003. It is with respect to property damages. The Tribunal has assessed the damages sustained to vehicle KL 8/P 5595 as Rs.9,000/= but dismissed the application on the ground that the ownership has not been proved.
: 2 :
M.A.C.A.NO.812 OF 2010
appear before the Tribunal on 23.9.2010. Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
M.A.C.A.NO.812 OF 2010
: 3 :
M.N. KRISHNAN, J.
A.S.NO.OF 2010
............................................. 2nd day of August, 2010.
J U D G M E N T
1 issue framed by the court
Whether the Claims Tribunal erred in dismissing the claim due to lack of proof of vehicle ownership.
Vinod, S/O. Vidyadharan
C.P. Kunjukunjan
Selbin
National Insurance Co. Ltd.
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
