Remanded

Thomas C.M v. Tajuddeen K

Kerala HC5 Jul 2024MACA/85/2019

Case brief

AI extract

What is this about?

The High Court allowed the Motor Accidents Claims Appeal filed by the claimant. The Tribunal had previously dismissed the claim petition on the ground that the final medical report was not submitted at the time of filing. The High Court noted the report was produced along with the appeal and remanded the matter to the Tribunal for fresh consideration.

What did the court decide?

The award dated 31.10.2018 is set aside and the matter is remanded back to the Tribunal for fresh consideration of the entire issue.

Thomas C.M Vs Tajuddeen K — Motor Accident Claims | Kerala HC (2024)

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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 SHOBA ANNAMMA EAPEN FRIDAY, THE 5^TH DAY OF JULY 2024 / 14TH ASHADHA, 1946 MACA NO. 85 OF 2019

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AGAINST THE AWARD DATED 31.10.2018 IN OPMV NO.1242 OF 2017 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE

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APPELLANT/PETITIONER:

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THOMAS C.M
AGED 60 YEARS
S/O. MATHAI C.T., CHALAMADAM HOUSE, THIRUVAMBADY P.O,
PIN-673 603, KOZHIKODE.
BY ADVS.
SANTHARAM.P
SMT.REKHA ARAVIND
SRI.PAUL P. ABRAHAM

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RESPONDENTS/RESPONDENTS:

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1TAJUDDEEN K
AGED 39 YEARS
S/O. MOIDEEN K, KODIYATT HOUSE,
VAIDYARANGADI P.O, RAMANATTUKARA,
PIN-673 633, KOZHIKODE.
2SALEEM
S/O. ABOOBACKER, 9/535 (14/95),
THANNICHALIL HOUSE, FEROKE P.O,
PIN-673 631, KOZHIKODE.
3THE ORIENTAL INSURANCE COMPANY,
PRAMOD BUILDING, CHEROOTY ROAD,
PIN-673 032, KOZHIKODE.
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD

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ON 05.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MACA NO. 85 OF 2019

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JUDGMENT Dated this the 5^th day of July, 2024

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This appeal has been filed by the claimant in OP(MV) No.1242 of 2017 on the file of the Motor Accidents Claims Tribunal, Kozhikode. The respondents herein are the respondents before the Tribunal.

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According to the appellant, on 17.05.2014, while he was travelling from Thiruvambadi to Kidangoor in a car bearing registration No.KL-05/AF-6091, another vehicle bearing registration No.KL-59/B-451 driven by the first respondent in a rash and negligent manner, hit on the concrete pole on the side of the road and thereafter the said vehicle fell on the top of the car belonging to the appellant. Due to the accident, the appellant sustained serious injuries. The appellant approached the Tribunal claiming a total compensation of ₹2,00,000/-.

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The respondent-insurer filed a written statement, admitting the insurance policy, but disputing the quantum of compensation claimed. Before the Tribunal, no oral or documentary evidence was adduced by the respondents.

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MACA NO. 85 OF 2019

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3

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Exts.A1 to A6 documents were marked on the side of the appellant. Exts.A1 to A6 documents were marked on the side of the appellant. Pws1 and 2 were examined.

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Heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurer.

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The learned Counsels on both sides submitted that

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the claim petition dated 31.10.2018 was dismissed by the Tribunal on the ground that final report was not submitted by the claimant at the time of filing of the original petition. It is admitted by both sides that the appellant has produced the final report along with the appeal, which is on record as AnnexureA1.

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On a perusal of Annexure-A1, it is seen that the final report has been produced by the appellant in this case. Considering the same, I am of the opinion that the matter has to be remanded back to the Tribunal for fresh consideration of the entire issue.

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Accordingly, the award dated 31.10.2018 is set aside and the matter is remanded back to the Tribunal for fresh consideration.

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MACA NO. 85 OF 2019

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The parties shall appear before the Tribunal on 05.08.2024.

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 Sd/-

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 SHOBA ANNAMMA EAPEN, JUDGE

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RK

Thomas C.M v. Tajuddeen K

Case brief

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Thomas C.M v. Tajuddeen K

Case brief

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