Dismissed
Akhil @ Akhil Anand P v. the Managing Director K.S.R.T.C
Kerala HCMACA/1043/2017
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HIGH COURT OF KERALA AT ERNAKULAM PRESENT:…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
SUNDAY, THE 1ST DAY OF JUNE 2018 / 20TH JYAISHTA, 1940
MACA.NO. 1043 OF 2017
AGAINST THE AWARD IN O.P.(M.V.) NO.1424/2010 OF THE PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE DATED 21-03-2016
APPELLANT(S)/PETITIONER :
AKHIL @ AKHIL ANAND P., S/O DAYANANDAN, RESIDING AT PINKI HOUSE, KUNNAMANGALAM AMSOM DESOM, KUNNAMANGALAM P.O., KUTTIKRISHNAN NAIR ROAD, KOZHIKODE.
BY ADV.SRI.AVM.SALAHUDDEEN
RESPONDENT(S)/RESPONDENTS:
1. THE MANAGING DIRECTOR, KSRTC, FORT, THIRUVANANTHAPURAM-695001.
2. THOMAS JOHN,S/O JOHN, RESIDING AT PEEDIKAKKAL HOUSE, CHEMBUKADAVU P.O., KODENCHERY, KOZHIKODE-673105.
BY ADV. SRI.P.C.CHACKO, S.C., KERALA STATE ROAD TRANSPORT CORPORATION. BY SRI.JOHN MATHEW, S.C., KERALA STATE ROAD TRANSPORT CORPORATION.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
P.D. RAJAN, J. ---------------------M.A.C.A. No.1043 of 2017
Dated this the 1st day of June, 2018
J U D G M E N T
This appeal is preferred against the award in O.P.(M.V.) No.1424 of 2010 of the Principal Motor Accidents Claims Tribunal, Kozhikode by the injured. Appellant sustained injuries in a motor accident and the learned Tribunal awarded compensation of Rs.2,50,740/(Rupees Two Lakh Fifty Thousand Seven Hundred and Forty only) with interest and cost. Being aggrieved by that, he preferred this appeal.
M.A.C.A. No.1043 of 2017 2
owner of the vehicle filed a written statement and disputed the accident. The claimant did not adduce any oral evidence, but his documents were marked as Exts.A1 to A5. Exts.X1 and C1 were marked in the lower court. Respondent did not adduce any evidence. The total compensation claimed by the appellant in the original petition was Rs.3,24,000/-, which was limited to Rs.1,00,000/-. Even after considering the injuries and treatment records, the learned Tribunal awarded Rs.2,50,740/- (Rupees Two Lakh Fifty Thousand Seven Hundred and Forty only).
M.A.C.A. No.1043 of 2017 3
claimant, but Rs.2,50,740/- was awarded as compensation by the Tribunal, it shows that just amount was awarded by the Tribunal and the appellant is not an aggrieved person as per Sec.173 of the Motor Vehicles Act. There is no merit in this appeal and it is dismissed accordingly.
Sd/- P.D. RAJAN, JUDGE
/True Copy/ P.A. To Judge
NS
1 issue framed by the court
Whether the appellant was a fit person to prefer an appeal under Section 173 of the Motor Vehicles Act.
AKHIL @ AKHIL ANAND P.
THE MANAGING DIRECTOR, KSRTC
THOMAS JOHN
P.D. RAJAN
As recorded by the court registry
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