Remanded

Anil G.P. v. Branch Manager, United India Insurance Co.

Kerala HC24 Feb 2023MACA/2245/2013

Case brief

AI extract

What is this about?

Motor Accident Claims Appeal against the quantum of compensation. Appellant produced a belated 80% disability certificate. Court remanded matter to Tribunal to adduce evidence on the genuineness of the disability in consequence of the 2011 accident.

What did the court decide?

Impugned award set aside; matter remanded to Tribunal for fresh disposal after adducing evidence on disability.

Anil G.P. Vs Branch Manager, United India Insurance Co. — Motor Accident Claims | 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 MRS. JUSTICE SOPHY THOMAS

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FRIDAY, THE 24^TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944

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MACA NO.2245 OF 2013

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AGAINST THE ORDER/JUDGMENT IN OPMV 277/2012 OF MOTOR

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ACCIDENT CLAIMS TRIBUNAL ,KOLLAM

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APPELLANT/PETITIONER:

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ANIL G.P. S/O.GOPALAKRISHNA PILLAI, PADA NORTH, KARUNAGAPPALLY NOW RESIDING AT SEEVALSOM, PUTHUPALLY VADAKKUMMURI, PUTHUPALLY VILLAGE, KOLLAM DISITRICT.

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BY ADV SRI.PRATHEESH.P

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RESPONDENT/2ND RESPONDENT:

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BRANCH MANAGER, UNITED INDIA INSURANCE CO., KOLLAM-691 001. BY ADV SRI.P.K.MANOJKUMAR

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21.02.2023, THE COURT ON 24.02.2023

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DELIVERED THE FOLLOWING:

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MACA No.2245 of 2013

SOPHY THOMAS, J.

MACA No.2245 of 2013

Dated this the 24^th day of February, 2023

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J U D G M E N T

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The claimant in OP (MV) No.277 of 2012 on the file of Motor Accidents Claims Tribunal, Kollam is the appellant herein, challenging the quantum of compensation awarded by the Tribunal vide Award dated 12.04.2013.

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The facts in brief are as follows:

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On 13.05.2011 at 8.15 a.m, while the appellant was travelling in his motorcycle through PulanchandaAmbalappattu junction, KL-23/3446 motorcycle ridden by the 1^st respondent in a rash and negligent manner, dashed against his motorcycle and he was thrown down on the road and he sustained serious injuries. He was admitted in hospital and he suffered disability also. He was a 42 year old Teacher at the time of accident. Though he approached the Tribunal claiming compensation of Rs.6 lakh, the Tribunal awarded only Rs.3,87,500/-. Aggrieved by the same, he preferred this

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MACA No.2245 of 2013

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appeal.

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The 1^st respondent was the owner cum rider of the offending motorcycle and 2^nd respondent was its insurer. The insurer alone contested the case and according to them, the appellant sustained only some simple injuries and there was no negligence from the part of the 1^st respondent. The accident and policy were not in dispute.

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Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A13 were marked from the side of the appellant.

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Heard learned counsel Sri.Pratheesh P, appearing for the appellant and learned counsel Sri.P.K Manoj Kumar, appearing for the respondent.

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Learned counsel for the appellant submitted that, the appellant was a school Teacher and due to the accident, his health condition deteriorated and now he is bedridden, and is not able to do any job. According to him, he has applied for VRS. Before the Tribunal, he could not produce any disability certificate and so, pending appeal, he filed application for directing the Superintendent of Medical College Hospital, Alappuzha to constitute a Medical Board to assess his

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MACA No.2245 of 2013

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disability. Allowing his application, the Superintendent, Medical College Hospital, Alappuzha was directed to constitute a Medical Board and accordingly, his disability was assessed and the disability certificate was forwarded to this Court and is placed in the appeal. That certificate shows that, he is fully bed bound, and for all his activities of daily living, he has to depend on others, and the percentage of disability was assessed as 80%.

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Learned counsel for the respondent/insurer vehemently opposed the disability certificate and according to him, the accident was on 13.05.2011 and no disability certificate was produced before the Tribunal till 12.04.2013 i.e. the date of Award. The application for assessing his disability was filed before the appellate court only on 31.01.2022 i.e. after 11 years of the accident. The Medical Board assessed the disability of the appellant on 25.03.2022 stating that, he is fully bedridden and the permanent disability suffered is 80%. So, the insurer wanted to challenge the disability certificate by examining the Doctor who issued the same. Moreover, according to the insurer, the appellant was working as a Teacher even after the accident, and so, there

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MACA No.2245 of 2013

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could not have been any such disability for the appellant for about ten or more years, after the accident. If at all he is now having any kind of disability, it cannot be correlated to the accident which occurred 12 years ago. So, both sides agreed for a remand for adducing evidence as to the genuineness of the disability certificate now produced before the appellate court, and to see whether that disability occurred in consequence of the injuries he had suffered in the accident occurred on 13.05.2011.

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Considering the peculiar facts and circumstances, this Court is inclined to set aside the impugned award and to remand the matter to the Tribunal, for enabling the parties to adduce additional evidence as to genuineness of the disability, if any, suffered by the appellant in consequence to the injuries suffered by him in the road traffic accident occurred on 13.05.2011, more particularly with respect to the disability certificate relied on by him.

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Since the OP (MV) is of the year 2012, the Tribunal shall take earnest efforts to dispose the case within a period of three months from the date of receipt of a copy of this judgment.

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MACA No.2245 of 2013

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The Registry of this Court has to re-transmit the

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lower court records along with the disability certificate received

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from the Government Medical College Hospital, Alappuzha, to the Tribunal, forthwith. A copy of this judgment also shall be forwarded along with the lower court records, for timely compliance of the directions.

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In the result, the impugned award is set aside and the matter is remanded to the Tribunal for fresh disposal.

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Sd/-

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SOPHY THOMAS JUDGE

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smp

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MACA No.2245 of 2013

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APPENDIX OF MACA 2245/2013

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ANNEXURES: Annexure A1 THE CERTIFIED COPY OF CERTIFICATE ISSUED BY THE HEADMISTRESS OF BOYS HIGHER SECONDARY SCHOOL, KARUNAGAPPALLY DATED 20.10.2022 STATING THAT THE APPELLANT IS ON LEAVE FROM 11.11.2021

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True Copy

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P.S to Judge

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smp

Anil G.P. v. Branch Manager, United India Insurance Co.

Case brief

What is this about?

What did the court decide?

Anil G.P. v. Branch Manager, United India Insurance Co.

Case brief

What is this about?

What did the court decide?

What the court decided

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