Allowed

A.Shamsudheen v. Madhusoodhanan Pillai

Kerala HC4 Oct 2021MACA/756/2018

Case brief

AI extract

What is this about?

The Court allowed a motor accident claims appeal and remanded the matter to the Tribunal for fresh disposal. The Tribunal had dismissed the claim due to lack of damage records; the Court held the Tribunal must consider documents produced at the appellate stage.

What did the court decide?

Appeal allowed; matter remanded to Tribunal for fresh disposal with consideration of documents produced at appellate stage.

A.Shamsudheen Vs Madhusoodhanan Pillai — Motor Accident Claims | Kerala HC (2021)

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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.SOMARAJAN

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MONDAY, THE 4^th DAY OF OCTOBER 2021 / 12TH ASWINA, 1943

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MACA NO. 756 OF 2018 (D)

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AGAINST THE AWARD DATED 20.03.2013 IN OP(MV) 513/2003 OF THE MOTOR

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ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA

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APPELLANT/PETITIONER:

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A.SHAMSUDHEEN, SHA VIHAR, ERAVICHIRA NADUVIL, PATHARAM P.O., KOLLAM, PRESENTLY RESIDING AT: C/o ABOOBAKER SALIM, KIZHAKETHIL PUTHENVEEDU, CHERUVIL KULANGARA, ERAVICHIRA NADUVIL, PATHARAM P.O., KOLLAM.

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BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.P.J.JOE PAUL

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RESPONDENTS/RESPONDENTS:

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1 MADHUSOODHANAN PILLAI, MEENATHE KIZHAKKATHIL, ARINALLOOR MURI, THAVALAKKARA-690524.

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2 SIVADASAN, SIVABHAVAN, AMBALAPPUZHA TALUK, MUNICIPAL WARD, ALAPPUZHA-688561.

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3 UNITED INDIA INSURANCE CO. LTD. REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, KAYAMKULAM-690502.

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R3 BY ADV SRI.P.K.MANOJKUMAR, SC, UNITED INDIA INSURANCE COMPANY

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON 04.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.A.C.A.No.756 of 2018

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JUDGMENT

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A claim petition was dismissed by the Tribunal on the

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ground that the records showing the actual damages sustained were not produced. It is submitted that Ext.A4 Surveyor's report was prepared with due notice, for which no objection was raised by the insurance company. Certain documents have been produced at the appellate stage. No reason worth the name was raised so as to reject Ext.A4 Surveyor's report. Hence, the dismissal of the claim petition cannot be sustained. The documents produced along with the appeal requires consideration by the Tribunal. Hence, the matter is remanded back to the Tribunal for fresh disposal. The parties shall appear before the Tribunal on 22/10/2021. The Tribunal shall take every endeavour to dispose of the matter within a time schedule of six months from the date of appearance of the parties.

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The appeal will stand allowed accordingly. No costs.

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Sd/-

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P.SOMARAJAN JUDGE

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DMR/-

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M.A.C.A.No.756 of 2018

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APPENDIX

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APPELLANT'S ANNEXURE:

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ANNEXURE 1 : ORIGINAL PASSPORT No.A6523407. ANNEXURE 2 : ORIGINAL OF DISABILITY CERTIFICATE DATED 08.09.2017 ISSUED BY THE MEDICAL BOARD.

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ANNEXURE 3 : ORIGINAL PASSPORT No.H0465451. ANNEXURE 4 : THE COMMUNICATION DATED 27.02.2020 ISSUED BY THE REGIONAL TRANSPORT OFFICE, KARUNAGAPPALLY.

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RESPONDENTS' ANNEXURE: NIL

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// TRUE COPY //

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P.A. TO JUDGE

A.Shamsudheen v. Madhusoodhanan Pillai

Case brief

What is this about?

What did the court decide?

A.Shamsudheen v. Madhusoodhanan Pillai

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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