Motor accident compensation appeal against Tribunal's finding that involvement of the insured van was not established. On learning that a connected claim by the motorcyclist had resulted in an award fixing liability on the van's driver and insurer, the High Court set aside the award and remanded for fresh consideration.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
MACA NO. 857 OF 2012
AGAINST THE ORDER/JUDGMENT DATED 31.12.2011 IN OPMV NO.903
OF 2007 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM
APPELLANT/PETITIONER:
MRS. LEELAMMA
W/O.JOHN,POOVATHUMKAL
HOUSE,EDAYAR.P.O,KOOTHATTUKULAM,ERNAKULAM.
BY ADV SRI.C.P.SAJI
RESPONDENTS/RESPONDENTS:
1 JOHN @ ULAHANNAN C.P. S/L.PHELEPOSE,POOVATHUMKAL HOUSE,EDAYAR.P.O,KOOTHATTUKULAM,ERNAKULAM,PIN686662.2 THE NATIONAL INSURANCE CO.LTD ERNAKULAM,KOCHI-682011. ADV. SRI. E.M. JOSEPHTHIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The appellant in this case was the petitioner in OP(MV) No.903/2007 on the files of the Motor Accident Claims Tribunal, Ernakulam.
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from the side of the respondents.
was brought to the notice of this Court that, in OP(MV) No.252/2007 filed before the Motor Accident Claims Tribunal, Ernakulam, by the driver of the two wheeler involved in this accident, an the award has been passed by the tribunal holding the driver of the Omni van, the 1st respondent herein responsible for the accident. The 2nd respondent insurer was also mulcted with the liability to pay the compensation in that case. Seeking
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enhancement of compensation, an appeal was filed by the claimant therein before this Court as M.A.C.A. No.511/2014 and as per the judgment dated 05.07.2018, the said appeal was allowed by granting additional compensation on the basis of a settlement arrived at between the appellant therein and the 2nd respondent herein. In such circumstances, I am of the view that, the finding of the tribunal appears to be not sustainable prima facie. Therefore, I am of the view that, an opportunity can be granted to the appellant to produce necessary documents including the documents relating to the award passed in the connected claim petition and to facilitate the production of the said documents the matter has to be remanded to the tribunal for fresh consideration.
In the result, this appeal is allowed. The award dated 31.12.2011 passed by the Motor Accident Claims Tribunal, Ernakulam in OP(MV) No.903/2007 is hereby set aside and the matter is remanded to the tribunal for fresh consideration. The tribunal shall provide a reasonable opportunity to all the parties concerned to adduce evidence to substantiate their respective contentions and, thereupon, decide all the issues arising in the
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claim petition in accordance with the law. The parties are directed to appear before the tribunal on 08.04.2024.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd
1 issue framed by the court
Whether the Tribunal erred in holding that the materials were insufficient to establish the involvement of the Maruti Omni van in the accident.
MRS. LEELAMMA
JOHN @ ULAHANNAN C.P.
THE NATIONAL INSURANCE CO.LTD
ZIYAD RAHMAN A.A.
As recorded by the court registry
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