Allowed

Vaisakh (Minor) v. Abdurahiman.K.P.

Kerala HC2 Jun 2014MACA/63/2010

Case brief

AI extract

What is this about?

This appeal challenged the Motor Accidents Claims Tribunal's dismissal of a compensation claim by a minor boy hit by a motorcycle. The Tribunal dismissed the claim for lack of proof and found no subsisting discomfort despite a fracture. The High Court held these observations unwarranted and erroneous. The appeal was allowed, the order set aside, and the matter remanded to the Tribunal for fresh co

What did the court decide?

The impugned order was set aside, the claim petition restored, and the matter remanded to the Tribunal for fresh consideration.

Vaisakh (Minor) Vs Abdurahiman.K.P. — Motor Accident Claims | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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MONDAY, THE 2ND DAY OF JUNE 2014/12TH JYAISHTA, 1936

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MACA.No. 63 of 2010 ( )

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OPMV 1858/2006 of PRL. M.A.C.T.,KOZHIKODE

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APPELLANT/CLAIMANT:

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VAISAKH (MINOR),AGED 14 YEARS, REPRESENTED BY HIS FATHER & LEGAL GUARDIAN SUDHEER KUMAR, S/O.ANDIKUTTY, AGED 46 YEARS KUTTIKKATTUPARAMBU, NALLALAM POST, KOZHIKKODE.

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BY ADV. SMT.K.V.RESHMI

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RESPONDENTS/RESPONDENTS:

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ABDURAHIMAN K.P.,S/O.MUHAMMED, VALANCHERY PARAMBU, P.O.FAROOK, KOZHIKODE.

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SHAMNAS K.P.,S/O.ABDURAHIMAN, AGED 24 YEARS, VALANCHERI HOUSE, CHANDAKKADAVU P.O.FEROKE, KOZHIKODE.

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NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, NOOR COMPLEX, MAVOOR ROAD KOZHIKODE.

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R-3 BY ADV. SRI.M.A.GEORGE

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.KEMAL PASHA J.

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M.A.C.A. No.63 of 2010

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Dated this the 2^nd day of June, 2014

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JUDGMENT

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The petitioner whose claim petition, filed as O.P.(M.V.) No.1858 of 2006 before Motor Accidents Claims Tribunal,

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Kozhikode claiming compensation on account of the motor vehicle accident faced by him, was dismissed, has come up in appeal. The appellant was aged only 11 years at the time of accident and he filed the claim petition through his father as next friend.

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According to the appellant, he had suffered an accident on 23.8.2006 when he was hit by motor cycle bearing Reg.No.KL.11/T 2359 while he was walking through the road. It seems that the Tribunal has chosen to dismiss the claim petition on

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the ground that the accident was not proved and also further

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M.A.C.A. No.63 of 2010

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finding that even though there was a fracture of clavicle, the Tribunal could not notice any subsisting discomfort or restriction in movement, on examination. All the observations in the order remains unwarranted. There is no reason to find that there was no proof of any accident. Ext.A1 copy of F.I.R. and Ext.A2 Wound Certificate clearly show that the boy had suffered the accident. Some extraneous matters of general importance are unnecessarily shown in the impugned award to throw away the case of the appellant to the dust bin. All the observations are unfounded and erroneous, and therefore, the impugned order is liable to be set aside.

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In the result, this appeal is allowed and the impugned order is set aside. The O.P. is restored and the same is remanded back to the tribunal for fresh consideration in accordance with law. The parties shall appear before the Tribunal on 21.7.2014. They are at liberty to adduce fresh/further evidence in the matter. The Tribunal

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M.A.C.A. No.63 of 2010

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shall consider the application and dispose of the same in accordance with law, as expeditiously as possible. There is no

order as to costs.

Sd/-

B.KEMAL PASHA, JUDGE

// TRUE COPY //

Vaisakh (Minor) v. Abdurahiman.K.P.

Case brief

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Vaisakh (Minor) v. Abdurahiman.K.P.

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