Allowed

M.G.Biju v. Marykutty Mani

Kerala HC19 Nov 2018MACA/1347/2012

Case brief

AI extract

What is this about?

The Kerala High Court allowed the appeal against the Motor Accidents Claims Tribunal's dismissal of a compensation claim. The Court set aside the impugned award, critiquing the Tribunal's assumption that no accident occurred due to lack of car damage and inconsistent statements, and remanded the case for fresh consideration.

What did the court decide?

The order of the Tribunal dismissing the claim petition is set aside. The issue is remanded to the Tribunal for fresh consideration and disposal within six months after the parties' appearance.

M.G.Biju Vs Marykutty Mani — Motor Accident Claims | Kerala HC (2018)

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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 K.VINOD CHANDRAN

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MONDAY, THE 19TH DAY OF NOVEMBER 2018 / 28TH KARTHIKA, 1940

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MACA. No.1347 of 2012

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AGAINST THE AWARD IN OP(MV) NO.2593/2007 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM DATED 22-08-2011

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APPELLANT/PETITIONER:

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M.G.BIJU AGED 35 YEARS, S/O.GOPI, MUKKANJIRATH HOUSE, KUMBALAM.P.O., KUMBALAM VILLAGE, ERNAKULAM DISTRICT - 682 506.

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BY ADVS. SRI.ANIL S.RAJ SMT.ANILA PETER SMT.K.N.RAJANI SRI.G.ARUN GOPAN SRI.J.VIVEK GEORGE

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RESPONDENTS/RESPONDENTS:

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1 MARYKUTTY MANI

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W/O.M.M. MANI, 28/1753, KALLUPALAM HOUSE, VALIYAKADAVANTHRA, COCHIN - 682 020.

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2 P.M. KURIAN S/O. MATHAI, PUTHENPARAMBIL HOUSE, WARD NO.18, VAKATHANAM PANCHAYATH, VAKATHANAM.P.O, KOTTAYAM - 686 538.

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3 THE ORIENTAL INSURANCE COMPANY LIMITED DEEPTHI BLDGS., PALLIMUKKU, COCHIN - 682 016.

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BY ADVS. SRI.GEORGE CHERIAN (THIRUVALLA) SRI.D.KISHORE SRI.GEORGE CHERIAN (SR.)

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA. No.1347 of 2012

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JUDGMENT

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The appellant, was the claimant before the Tribunal, seeking compensation for the injuries suffered in an accident, which occurred on 22.09.2007. The appellant was riding a motor bike, when allegedly a car driven by the 2^nd respondent hit the bike on the back side, thus throwing the rider on to the road, causing injuries. The Tribunal found that on preponderance of probabilities the accident would not have occurred. The finding of the Tribunal is two fold; one that the appellant did not state to the Doctor that the road traffic accident was caused by reason of the car hitting on the rear side. Then it is found that there is no damage caused to the car. This Court is of the opinion that no such assumption can be made by the Tribunal based on the above stated grounds.

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2. In such circumstances, this Court finds it

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difficult to uphold the order of the Tribunal dismissing the claim petition. The order is set

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MACA. No.1347 of 2012 3

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aside and the issue remanded back to the Tribunal for fresh consideration. The parties shall appear before the Tribunal on 10.12.2018 and the claim shall be considered and disposed afresh within a period of six months from the date of appearance. The appellant and the Insurance Company were before this Court and the Tribunal shall issue notice against the other parties.

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The appeal is allowed. No order as to costs.

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Sd/-

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K.VINOD CHANDRAN JUDGE

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sp/21/11/18

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//True Copy//

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P.A. To Judge

M.G.Biju v. Marykutty Mani

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M.G.Biju v. Marykutty Mani

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