Insurer challenged MACT award of Rs.8,000 via writ petition alleging lack of evidence linking accident to motor vehicle. Court held question of fact based on police investigation evidence not amenable to interference under Article 226 and dismissed petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 2ND DAY OF DECEMBER 2016/11TH AGRAHAYANA, 1938
WP(C).No. 6019 of 2009 (V)
OP(MV) 903/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR.
PETITIONER:
THE ORIENTAL INSURANCE CO.LTD., KODUNGALLUR, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENT(S):
1. SHEEJA, W/O. SANTHOSH KOLLANKODU VEEDU, PALLIPURAM, PALLIPORT P.O.
2. ABHILASH O.K., KALATHUNGAL HOUSE, MOOTHAKUNNAM P.O.
*3. GOPI.A.K., S/O.KUMARAN, ANAKKATH HOUSE, METHALA, KANDANKULAM PO.(DELETED)
4. MOTOR ACCINDENTS CLAIM TRIBUNAL, NORTH PARAVUR.
*R3 IS DELETED FROM PARTY ARRAY VIDE ORDER IN WPC DATED 26.7.2011.
R4 BY SENIOR GOVT. PLEADER SRI.M.V.ANANDAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 6019 of 2009 (V)
APPENDIX
PETITIONERS' EXHIBITS:
| EXT. P1 | : TRUE COPY OF THE |
CLAIM PETITION O.P.(MV)NO.903/04. |
|---|---|---|
| EXT. P2 | : TRUE COPY OF THE PETITIONER. |
WRITTEN STATEMENT FILED BY THE |
| EXT. P3 | : TRUE COPY OF THE POLICE STATION. |
FIR IN CRIME NO.517/04 OF KODUNGALLUR |
| EXT. P4 | : TRUE COPY OF THE MEDICARE HOSPITAL |
WOUND CERTIFICATE ISSUED FROM , KODUNGALLUR. |
| EXT. P5 | : TRUE COPY OF THE |
AWARD DATED 6.10.08. |
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
========================= W.P.(C).No.6019/2009
This writ petition is filed by the insurer challenging an award of sum of Rs.8,000/-, in a claim petition filed by the first respondent herein, before the Motor Accidents Claims Tribunal, North Paravur. MACT awarded the sum of Rs.8,000/- towards compensation. Ext.P5 is the award passed by the MACT in O.P.(MV).No.903 of 2004. Since the order is not appealable, as the amount involved is only Rs.8,000/-, this writ petition is filed by the insurer. The main contention of the insurer is that there are contradictory stand taken by the claimant before the MACT. It is argued by the learned counsel for the petitioner that the first information report was lodged after one month of the alleged incident based on a private complaint. It is also
WPC 6019/2009
-:2:-
pointed out that there are evidences on record to show that the accident occurred while alighting from a changadam, a water transport vehicle. According to the petitioner, there was absolutely no evidence to show that the accident occurred due to use of the motor vehicle.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
2 issues framed by the court
Whether the High Court can interfere with the MACT award as the findings of fact based on evidence.
Whether the accident occurred due to the use of a motor vehicle as held by the MACT.
1 provisions across 1 enactments
THE ORIENTAL INSURANCE CO.LTD.
SHEEJA
ABHILASH O.K.
MOTOR ACCIDENTS CLAIM TRIBUNAL, NORTH PARAVUR
A.MUHAMMED MUSTAQUE
As recorded by the court registry
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