Safiya v. Santhosh
Case brief
What is this about?
Appealed against Motor Accident Claims Tribunal award dismissing claim for non-production of documents. Court remitted case to Tribunal for fresh decision permitting compensation subject to no interest from award date.
What did the court decide?
Remitted the claim petition to the Tribunal for fresh decision in view of documents produced by the appellant. No interest shall be awarded from 30.12.2010.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 2ND DAY OF SEPTEMBER 2013/11TH BHADRA, 1935
MACA.No. 1304 of 2012 ()
AWARD IN OPMV 442/2006 of M.A.C.T., MANJERI DATED 30-12-2010
APPELLANT/PETITIONER: ---------------------
SAFIYA W/O, ABDULLA, OORAKODAN HOUSE PATTARKULAM, NARUKARA P.O, MANJERI MALAPPURAM DISTRICT.
BY ADV. SRI.K.VIDYASAGAR
RESPONDENTS/RESPONDENTS:
1. SANTHOSH S/O.BHASKARAN, TEENDIYATHU VEEDU, ELAVALLI NORTH P.O THRISSUR DISTRICT. 680 511.
2. C.D SABU S/O.C.J.DOMINIC, CHITTILAPPILLY MANATHIL HOUSE CHITTATTUKARA P.O, THRISSUR DISTRCIT 680 511.
Issues for consideration
2 issues framed by the court
Whether the claim petition should be dismissed for non-production of original registration certificate and affidavit within the time limit.
Whether the appeal filed against the Tribunal’s award should be allowed by way of remand to the Tribunal for fresh decision.
Parties & counsel
- petitioner
Safiya W/O, Abdulla
- respondent
Santhosh S/O.Bhaskaran
- respondent
C.D Sabu S/O.C.J.Dominic
- respondent
The New India Assurance Company Limited
Coram
Case details
As recorded by the court registry
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