Vijayan v. Babu
Case brief
What is this about?
High Court Kerala allowed anMotor Accidents Claims appeal against the Tribunal's dismissal of an injured passenger's claim. The Court held that a date discrepancy in medical documents was an inadvertent mistake and remanded the matter for fresh disposal.
What did the court decide?
The appellant's appeal is allowed. The impugned award is set aside. The matter is remanded to the Tribunal for fresh disposal.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE &
THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 13TH DAY OF MARCH 2012/23RD PHALGUNA 1933
MACA.No. 2178 of 2006 (A) ------------------------[O.P.(MV) NO.1034/2002 of MACT MUVATTUPUZHA]
APPELLANT/PETITIONER::
VIJAYAN, S/O.KUTTAPPAN, MAJAKUNNEL HOUSE, KOOTTAR KARA, KARUNAPURAM VILLAGE.
BY ADVS.SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P
RESPONDENTS/RESPONDENTS::
1. BABU, S/O.VISWAMBARAN, VAZHEPPARAMBIL HOUSE, HOUSE NO.357/W.NO.XII, THEATREPPADY BHAGOM, KOTTAR, KARUNAPURAM VILLAGE.
Issues for consideration
2 issues framed by the court
Whether the discrepancy in the date of examination in the wound certificate and discharge summary justifies dismissal of the claim petition.
Whether the appellant sustained injuries in the road traffic accident occurred on 15.11.2001.
Parties & counsel
- appellant
Vijayan
- respondent
Babu
- respondent
S. Saji
- respondent
M/s. United India Insurance Company Limited
- respondent
P.P. Varghese
Case details
As recorded by the court registry
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