Disposed
Ramachandran v. Magma Hdi General Insurance Company Ltd.
Kerala HCMACA/242/2023
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944
MACA NO. 242 OF 2023
[AGAINST THE AWARD DATED 31.10.2022 IN OP(MV)NO.878/2020 ON THE
FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA]
APPELLANT/PETITIONER:
RAMACHANDRAN, AGED 63 YEARS,
S/O. RAGHAVAN, PARAYIL HOUSE,
NEDUMKANDOM BHAGAM, KALKOONTHAL VILLAGE,
IDUKKI DISTRICT – 685 553.
BY ADV. SRI.GEORGE SEBASTIAN
RESPONDENT/RESPONDENT NO.3:
MAGMA HDI GENERAL INSURANCE COMPANY LTD.,
JAIN TOWER, GROUND FLOOR, NH-47, BYE-PASS ROAD,
POWER HOUSE JUNCTION, VYTTILA, COCHIN,
ERNAKULAM - 682019, REPRESENTED BY ITS MANAGER.
BY ADV. SRI.RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 242 OF 2023
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JUDGMENT
This Appeal, by the claimant in OP(MV)
No.878/2020 before the Motor Accidents Claims
Tribunal, Thodupuzha (‘Tribunal’, for short), is
opposed by Sri.Rajan P.Kaliyath – learned
Standing Counsel for “MAGMA HDI General
Insurance Company Ltd.” (‘Insurance Company’ for
short), saying that same is an ex parte one and
that his client has already moved an application
before the said Tribunal to have it set aside.
2.Sri.George Sebastian – learned counsel
for the appellant, submitted that his client
seeks enhancement of compensation awarded by the
Tribunal on the ground that the sums granted
under the heads “Loss of Amenities” and “Pain
and Suffering” are very exiguous; and further
that, the percentile of disability ought not to
have been reduced from six, as certified in
Ext.X1 - Certificate of a competent Medical
MACA NO. 242 OF 2023
-3-
Board.
3.Sri.George Sebastian then submitted
that, however, if this Court is inclined to
afford the Insurance Company an opportunity to
contest the matter on its merits, his client
will not stand in the way of an order of remand
to the Tribunal, provided the afore claims are
also allowed to be impelled and the Tribunal be
ordered to adjudicate it appropriately, dehors
its earlier findings.
4. Sri.Rajan P.Kaliyath – learned Standing
Counsel for the Insurance Company, reiterated
that his client has already moved the Tribunal
for setting aside the impugned Award; and agreed
that every issue can be ordered to be re-
considered, including the compensation awarded
by the Tribunal in the present Award.
5.When I consider the afore submissions,
prima facie, I must say that there is some force
MACA NO. 242 OF 2023
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in the contentions of the appellant, but I do
not intend to speak about it in detail or on its
merits at this stage, since I intend to remand
the matter to the learned Tribunal for
reconsideration, taking note of the contentions
of the Insurance Company also, provided their
application for setting aside the Ex parte Award
is allowed.
In the afore circumstances, I dispose of
this Appeal remitting OP(MV)No.878/2020 to the
Tribunal for consideration of the application
stated to have been filed by the Insurance
Company to set aside the impugned Ex parte
Award. This shall be done by the learned
Tribunal within a period of two months from the
date of receipt of a copy of this judgment.
The Tribunal shall, thereafter, endeavor to
dispose of the Original Petition - if the
application to set aside the Ex parte Award to
MACA NO. 242 OF 2023
be allowed by it - within a period of six months
from the date on which said application is
finally disposed of; during which exercise, both
sides will be given necessary opportunities of
leading evidence and of being heard.
I, resultantly, direct the parties to mark
appearance before the learned Tribunal at 11
a.m. on 13.03.2023.
Needless to say, should, for any reason, the
application filed by the Insurance Company, to
set aside the impugned Ex parte Award is
dismissed, then this Appeal will stand restored;
and the appellant will be then at full liberty
to seek a rehearing of it on its merits.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
RAMACHANDRAN
MAGMA HDI GENERAL INSURANCE COMPANY LTD.
DEVAN RAMACHANDRAN
As recorded by the court registry
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