Remanded

Shameer v. Tomy Mathew

Kerala HC3 Oct 2023MACA/1595/2011

Case brief

AI extract

What is this about?

High Court of Kerala set aside the award of the Motor Accident Claims Tribunal dismissing the appellant's claim and remanded the matter for fresh consideration. The court relied on a previous judgment where a related claim was remanded after the Tribunal's finding on negligence was unsustainable.

What did the court decide?

The award dated 17.06.2011 in O.P.(M.V.) No.540/2006 is set aside and the matter is remanded to the Tribunal for fresh consideration.

Shameer Vs Tomy Mathew — Medical Negligence | Kerala HC (2023)

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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 ZIYAD RAHMAN A.A.

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TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945

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MACA NO. 1595 OF 2011

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AGAINST AWARD DATED 17.06.2011 IN OP(MV)540/2006 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,THODUPUZHA

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APPELLANT/PETITIONER:

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SHAMEER
S/O MYTHEEN
KALLUMPURATHU HOUSE, NAINARUPALLY BULDING,
KARIKODE VILLAGE, THODUPUZHA.

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BY ADVS.
SRI.T.A.UNNIKRISHNAN
SRI.K.S.PRAVEEN

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RESPONDENTS/RESPONDENTS:

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1TOMY MATHEW
S/O MAHTAI
CHINTHARMANIYIL HOUSE, SANTHIGRAM P.O.,
ERATTAYAR, PIN NO.685 510.

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2 UNITED INDIA INSURANCE CO.LTD. MUVATTUPUZHA BRANCH, PIN.NO.686 674.

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3 RAZAK S/O. HASSAN, CHOORATHOTTIYL HOUSE, KARIKODE VILLAGE, PIN NO.682 314.

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BY ADVS.
SRI.PMM.NAJEEB KHAN - SC
SRI.DOMSON J.VATTAKUZHY
SRI.MATHEW JOHN K
SRI.RAJESH THOMAS

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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MACA NO. 1595 OF 2011

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JUDGMENT

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This appeal arises from the award dated 17.06.2011 in O.P. (M.V.) No.540/2006 on the files of the Motor Accident Claims Tribunal, Thodupuzha. The appellant is the petitioner in the aforesaid claim petition, which was filed by him seeking compensation for the injuries sustained to him in a motor accident that occurred on 11.04.2006. According to him, the accident occurred when the motorcycle ridden by the appellant herein was hit by an autorickshaw bearing Registration No.KL 6B 8031 driven

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by the 3^rd respondent. Due to the accident, the appellant sustained serious injuries, and the claim petition was filed in such circumstances.

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The said case was tried along with O.P.(M.V.) No.545/2006, and the Tribunal dismissed both the said application

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after trial by finding that the claimants could not establish negligence on the part of the driver of the autorickshaw. This appeal is submitted by the appellant, challenging the aforesaid award.

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MACA NO. 1595 OF 2011

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3

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Heard Sri.T.A. Unnikrishnan, learned counsel appearing

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for the appellant, Sri.P.M.M. Najeeb Khan, learned counsel appearing for the 2^nd respondent and Sri. Mathew John K., learned counsel appearing for the 1^st respondent.

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Today, when the matter came up for consideration, the learned counsel for the appellant points out that, as against the award passed in O.P.(M.V.) No.545/2006, which was disposed of along with the claim petition against which this appeal is filed, the petitioner therein approached this Court by filing M.A.C.A. No.1499/2011, and it was disposed of by this Court on 13.02.2019. As per the said judgment, the award passed in the said claim petition was set aside, and the matter was remanded back to the Tribunal for fresh consideration. It was submitted that the said claim petition is now pending consideration before the Tribunal.

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In such circumstances, it is only proper that this appeal be allowed, and the appellant in this case also be granted an opportunity to adduce evidence in support of his contentions

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MACA NO. 1595 OF 2011

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4

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regarding the question of negligence. Moreover, in the judgment in M.A.C.A. No.1499/2011 filed against O.P.(M.V.) No.545/2006, this Court specifically found that the finding of the Tribunal, that the claimants failed to prove the negligence by placing reliance upon the scene mahazar is not at all sustainable, and hence a different view cannot be taken in this appeal, as both the above claim petitions were disposed of by a common award.

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Accordingly, the award dated 17.06.2011 passed in O.P.(M.V.) No.540/2006 by the Motor Accident Claims Tribunal, Thodupuzha is hereby set aside, and the matter is remanded back to the Tribunal for fresh consideration after granting the opportunity to the parties to adduce further evidence in support of their respective contentions. The parties shall appear before the Tribunal on 26.10.2023.

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Sd/- ZIYAD RAHMAN A.A. JUDGE

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scs

Shameer v. Tomy Mathew

Case brief

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Shameer v. Tomy Mathew

Case brief

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