Remanded

Raveendran v. P.a.Sajeer

Kerala HC9 Feb 2017MACA/1282/2011

Case brief

AI extract

What is this about?

This appeal challenged the award dismissing a claim petition in a motor accident case. The Court held that the registration of a criminal case against the driver of one vehicle made the Tribunal's dismissal unsustainable. It remitted the matter to the Tribunal for fresh consideration based on this evidence.

What did the court decide?

Matter remitted to the Motor Accidents Claims Tribunal, Perumbavoor for fresh consideration within one month.

Raveendran Vs P.a.Sajeer — Motor Accident Claims | Kerala HC (2017)

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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 P.D.RAJAN

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THURSDAY, THE 9TH DAY OF FEBRUARY 2017/20TH MAGHA 1938

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MACA.NO. 1282 OF 2011 ( )

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AGAINST THE AWARD IN O.P.(M.V.) NO.39/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR DATED 27-11-2010

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APPELLANT(S)[PETITIONER IN OP(MV) NO. 39/06] :

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RAVEENDRAN, S/O NARAYANAN, KARTHIKA HOUSE, KUNNUKARA P.O., CHENGAMANAD.

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BY ADV. SMT.ANUPAMA JOHNY

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RESPONDENTS[RESPONDENT NO.3 IN OP(MV) 39/06]:

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1. P.A.SAJEER, S/O ABDUL REHMAN, POCKATHPARAMBIL HOSUE, KUNNUKARA P.O., CHENGAMANAD-683 578.

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2. SUBAIR, S/O. ABDUL REHMAN, AMBALAPARAMBU HOUSE, KUNNUKARA P.O., CHENGAMANAD-683578.

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3. NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, KODAVATH SHOPPING COMPLEX SUB JAIL ROAD, ALUVA-683101.

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R3 BY ADV. SMT.T.C.SOWMIAVATHY

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.D. RAJAN, J.

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M.A.C.A. No.1282 of 2011

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Dated this the 9^th day of February, 2017

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J U D G M E N T

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-------------------

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This appeal is preferred against the award in O.P.(M.V.) No.39 of 2006 of the Motor Accident Claims Tribunal, Perumbavoor. The appellant's case is that on 16.10.2005 at 8.35 p.m. he sustained injuries in a motor accident at Kunnukara while he was riding a motorcycle. When he reached at the place of occurrence, another lorry KL-7/Q-403 came from the opposite direction in a rash and negligent manner hit against his motorcycle and as a result he sustained serious injuries. Immediately he was removed to hospital.

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Learned counsel appearing for the 3^rd respondent contended that the accident was not due to the rash and negligent driving of the vehicle KL-7-Q-403 but another vehicle KL-8-F-6174 which hit against the motorcycle resulted the accident and thereby the appellant sustained injuries.

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In the lower Court, the petitioner was

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M.A.C.A. No.1282 of 2011 2

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examined as PW1. No documents were produced in the trial court to substantiate the above contention. In the absence of such evidence, the learned Judge dismissed the claim petition.

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It is clear from Ext.A5 that the

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Chengamanadu Police registered Crime No.468/2005 in which, the driver of the vehicle KL-7/Q-403 was charge sheeted. Therefore, the observation of the learned Motor Accidents Claims Tribunal, Perumbavoor is unsustainable in law. In the circumstance, the matter is remitted to the Trial Court for fresh consideration on the basis of Ext.A5. Parties are directed to appear before the Motor Accidents Claims Tribunal, Perumbavoor on 20.04.2017. The learned Tribunal shall consider the matter afresh and dispose of the matter within a period of one month from the date of their appearance.

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This M.A.C.A. is disposed of as above.

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Sd/-

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P.D. RAJAN, JUDGE

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/ True Copy /

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P.A. To Judge

Raveendran v. P.a.Sajeer

Case brief

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Raveendran v. P.a.Sajeer

Case brief

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