Insurance company appealed against a tribunal award granting compensation to a pedestrian hit by a vehicle. The High Court found no perversity in the tribunal's acceptance of the victim's testimony despite discrepancies in medical records regarding the accident narrative. Appeal dismissed.
Appeal dismissed; Award of Rs.50,600/- restored.
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 SMT. JUSTICE P.V.ASHA
THURSDAY, THE 13TH DAY OF OCTOBER 2016/21ST ASWINA, 1938
MACA.No. 2087 of 2011 -----------------------
AWARD DATED 26-04-2011 IN OP(MV) 106/2008 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM
APPELLANT/3RD RESPONDENT:
THE ORIENTAL INSURANCE CO. LTD., METRO PALACE, GROUND FLOOR, OPP.NORTH RAILWAY STATION, ERNAKULAM, REPRESENTED BY ITS DULY AUTHORIZED OFFICER.
BY ADV. SRI.V.P.K. WWW PANICKER
RESPONDENT(S)/PETITIONERS 1 :
1. MAHESWARY, D/O. SANKARY, CHEPPALLY KIZHAKKATHIL, VATTATHARA WARD, CHAVARA VILLAGE, KARUNAGAPPALLY, KOLLAM-691 583.
2. ARUN KUMAR, S/O. ASOKAN, OF -DO-
3. G.VINOD KUMAR, VINOD BHAVAN, PEROOR, T.K.M.C. P.O., KOLLAM-691 583.
4. MANZOOR, S/O. ABDUL SUKKOR, SHAMLA MANZIL, MUKUNDAPURAM, CHAVARA, KOLLAM - 691 583.
R1 & R2 BY ADV. SRI.S.M.ALTHAF R3 BY ADVS. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
P.V.ASHA, J.
M.A.C.A.No.2087 of 2011
Dated this the 13th day of October, 2016
JUDGMENT
The insurance company has filed this appeal against the award passed by the Motor Accident Claims Tribunal, Kollam in O.P(MV).No.106/2008. The second petitioner who was a minor and the son of the first petitioner in the O.P(MV) filed the claim petition seeking compensation towards the injuries sustained by him.
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M.A.C.A.No.2087 of 2011
mother. The tribunal, referring to the charge sheet filed before the criminal court, did not non-suit the claimants on the basis of the contentions raised by the insurance company. A sum of Rs.50,600/- was awarded towards compensation.
M.A.C.A.No.2087 of 2011 3
according to the insurance company, the claimants by way of their own document brought out a case that the accident did not occur while the second petitioner was walking along the road.
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M.A.C.A.No.2087 of 2011
Accordingly, the appeal is dismissed.
Sd/- (P.V.ASHA, JUDGE)
rtr/
/true copy/
P.S to Judge
1 issue framed by the court
Whether the Motor Accident Claims Tribunal erred in finding the second petitioner was a pedestrian rather than a pillion rider.
THE ORIENTAL INSURANCE CO. LTD.
MAHESWARY
ARUN KUMAR
G.VINOD KUMAR
MANZOOR
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
