The Kerala High Court set aside an award by the Principal Motor Accidents Claims Tribunal, Kozhikode, which dismissed the owner of the vehicle from contesting. The High Court remanded the case for fresh disposal following proper procedure.
Impugned award set aside and case remanded to the Tribunal for fresh disposal after hearing the appellant.
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 HARUN-UL-RASHID
TUESDAY, THE 8TH DAY OF JANUARY 2013/18TH POUSHA 1934
MACA.No. 269 of 2012 () ----------------------(AGAINST THE AWARD DATED 23.12.2006 IN O.P.(MV)NO.293/2000 of THE PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE.)
APPELLANT(S):
MRS.BRIGIT SCARIACHAN W/O.SCARIACHAN MANNAGAL HOUSE OPP.SELLERE CONVENT MALAPRAMBA CALICUT.
BY ADV. SRI.AVM.SALAHUDEEN
RESPONDENT(S):
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
al.
HARUN-UL-RASHID,J.
M.A.C.A No. 269 OF 2012
Dated this the 8th day of January 2013
JUDGMENT
The first respondent in O.P.(M.V) No.293/2000 on the file of the Motor Accidents Claims Tribunal, Kozhikode is the appellant. The Tribunal by award dated 23.12.2006 allowed the claimant to realise Rs.23,110/- with interest. The 2nd respondent Insurance Company is directed to deposit the amount. It was further held that the Insurance Company is entitled to realise the amount from the first respondent after satisfying the award.
M.A.C.A.No.269/2012 2
awarded, from the appellant.
is a fact that he could not contest the case. There is no justifiable reason for not contesting the case before the Court. Considering the facts of the case this Court is of the view that an opportunity shall be given to the appellant to contest the case on merits.
There will be a direction to the Tribunal to dispose of O.P. (MV) No.293/2000 within a period of six months from the date of receipt of a copy of the judgment. The amount deposited by the appellant shall remain in deposit till the disposal of O.P.(MV) No. 293/2000.
Sd/- HARUN-UL-RASHID JUDGE
al/-
1 issue framed by the court
Whether the award should be remanded to the Tribunal to give the appellant an opportunity to contest.
Mrs. Brigit Scariachan
The Oriental Insurance Co. Ltd.
S. Theertha
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
