The High Court dismissed an appeal against an award of the Motor Accidents Claims Tribunal as not maintainable in law, relying on a prior Division Bench judgment. The appeal filed by a claimant was rejected because a common judgment had already disposed of the related matters.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
MACA NO. 2554 OF 2010
AGAINST THE AWARD DATED 03.05.2004 IN OPMV 516/1999 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA
APPELLANT/PETITIONER IN OP(MV)NO.516/1999:
T.K.BABY THERUVEL HOUSE, THATTARATHATTA P.O., MRALAKARA, KARIMKUNNAM VILLAGE, IDUKKI DISTRICT. BY ADV SRI.BABU S. NAIR
RESPONDENTS/RESPONDENTS IN OP(MV)NO.516/1999:
1 ANIL S/O CHACKO, PULIMOOTTIL HOUSE, CHEEMKAMBHAGAM, THODUPUZHA WEST P.O., IDUKKI DISTRICT, PIN-685 585.
3 THE NATIONAL INSURANCE CO.LTD. THODUPUZHA, PIN-685 584. BY ADV SRI.T.J.MICHAEL
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A No. 2554 of 2010
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JUDGMENT
This appeal has been filed against the award passed in O.P.M.V No.516/1999 on the file of Motor Accidents Claims Tribunal, Thodupuzha. The claim petition was filed under Section 166 of Motor Vehicles Act, 1988 (In short the Act) for the injuries sustained by the appellant/claimant in a motor accident occurred on 22.01.1999 at about 2.15 p.m., while he was travelling on his Scooter bearing Registration No.KL6/7419 along Thodupuzha to Palai road, another Scooter bearing Registration No.64141 driven by the 1st respondent hit the Scooter on which the appellant/claimant was travelling, thereby he sustained grievous injuries. Total compensation of Rs.4,00,000/- has been claimed.
M.A.C.A No. 2554 of 2010
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respondent is the owner and the 3rd respondent is the insurer of the offending vehicle.
M.A.C.A No. 2554 of 2010
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aforementioned and case was remanded to the Tribunal for
fresh consideration.
2004 dated 11.02.2011, this appeal is not maintainable in law.
Hence appeal is dismissed as not maintainable.
SD/-
M.R.ANITHA
JUDGE
rps/
T.K.BABY
ANIL
DEEPAK PETER
THE NATIONAL INSURANCE CO.LTD.
M.R. ANITHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
