Remanded

Jadheer v. Firoz Kunnathoor

Kerala HC2 Jun 2014MACA/729/2014

Case brief

AI extract

What is this about?

This Motor Accident Claims Appeal set aside the Tribunal's award of Rs. 23,500. The High Court remanded the civil suit to the Tribunal for fresh disposal, allowing the minor appellant to prove disability and directing exclusion of the interim period from interest calculations.

What did the court decide?

Impugned award set aside; OP(MAC) restored and remanded to Tribunal for fresh disposal and to exclude interim period from interest.

Jadheer Vs Firoz Kunnathoor — 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. 729 of 2014 ()

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AGAINST THE AWARD IN OP(MAC) 6/2012 of M.A.C.T. TIRUR

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APPELLANT(S)/PETITIONER:

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JADHEER, AGED 17 YEARS(MINOR) REPRESENTED BY MOTHER NAFEESA, W/O.BEERAN CHAMAYIL HOUSE, KUYORUVIL, NEAR KINFRA P.O.CHELEMBRA, MALAPPURAM DISTRICT, PIN 673634.

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BY ADV. SRI.C.M.MOHAMMED IQUABAL

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RESPONDENT(S)/RESPONDENTS:

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1. FIROZ KUNNATHOOR S/O.SAIDALAVI, NJARANGALLUR PALLIYALI HOUSE IDIMOOZHIKKAL, MALAPPURAM DISTRICT PIN 673634(RC OWNER-CUM-DRIVER0.

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2. THE NEW INDIA ASSURANCE CO.LTD., FEROKE BRANCH, 1ST FLOOR, POOTHERI BUILDING RAILWAY STATION ROAD, FEROKE, KOZHIKODE PIN 673631(INSURER).

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R2 BY ADV. SRI.JOHN JOSEPH VETTIKAD R2 BY ADV. SRI.C.JOSEPH JOHNY R BY SRI.A.A.ZIYAD RAHMAN

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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. 729 of 2014

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............................................................... Dated this the 2^nd day of June, 2014

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J U D G M E N T

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A minor, who suffered serious injuries in a motor vehicle accident, has approached the Motor Accident Claims Tribunal, Tirur for compensation through O.P.(MAC) No.6 of 2012, through his mother as next friend. The learned Tribunal, through the impugned award, has awarded a total amount of ₹23,500/- as compensation, with interest at 9% per annum. Dissatisfied with the impugned award, the appellant has come up in appeal.

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Heard the learned counsel Sri.C.M. Mohammed Iquabal for the appellant and the learned counsel Sri.A.A.Ziyad Rahman for the 2^nd respondent. The learned counsel for the appellant has pointed out that no amount has been awarded by the Tribunal under the head of

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M.A.C.A. 729 of 2014

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-: 2 :-

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disability, as no disability certificate could be produced at the time when the matter came up before the Tribunal. It has been pointed out that the appellant sustained very serious injuries to one of his eyes and his eye sight was partially lost. Even though, presently the appellant has procured a disability certificate from a competent doctor, he could not produce it and prove it before the Tribunal. The appellant seeks for an opportunity to prove his disability before the Tribunal. It is also pointed out that on getting an opportunity, the appellant may be able to produce the disability certificate from the Medical Board also.

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Considering the entire matter, this Court is of the view that for the ends of justice the impugned award has to be set aside and the matter has to be remitted back to the Tribunal for fresh consideration in accordance with law for giving an opportunity to the appellant to prove his disability. The boy was aged 15 years only at the time of accident. The Tribunal has to take note of the said fact as well as the

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M.A.C.A. 729 of 2014

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-: 3 :-

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disability suffered by the appellant. At the same time, the submission made by the learned counsel for the 2^nd respondent that when deciding the question of interest, the Tribunal has to exclude the intervening period from the date of the impugned award till the date of fresh award after remand from the period for computing the interest.

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In the result, this M.A.C.A. is allowed and the impugned award is set aside. The O.P.(MAC) is restored and is remanded back to the Tribunal for fresh disposal in accordance with law. The parties are at liberty to adduce fresh/further evidence in the matter. While awarding interest, the learned Tribunal shall exclude the period from the date of the impugned award till the date of passing of the fresh award. Parties shall appear before the Tribunal on 21.07.2014.

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B.KEMAL PASHA, JUDGE

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ul/-

Jadheer v. Firoz Kunnathoor

Case brief

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Jadheer v. Firoz Kunnathoor

Case brief

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