IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 175 of 2004()
1. PUTHENVEETTIL SAMMAD, S/O. MUHAMMED,
... Petitioner
Vs
1. K.NOUSHAD S/O. ABOOBACKER, KUTTIKATTIL
... Respondent
2. E.M.MUHAMMED RASHEED S/O. MOOSA,
3. THE NEW INDIA ASSURANCE COMPANY LTD.,
For Petitioner :SRI.BABU S. NAIR
For Respondent :SRI.T.KRISHNAN UNNI (SR.)
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :11/02/2009
O R D E R
R. BASANT &
P.R. RAMACHANDRA MENON, JJ.
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M.A.C.A. No. 175 OF 2004
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Dated this the 11th February, 2009
J U D G M E N T
Basant, J. :
The claimant before the Tribunal is the appellant before us.
He had claimed an amount of Rs. 5 lakhs as compensation for the
personal injuries suffered in an accident. The Tribunal initially
awarded an amount of Rs.50,000/- as compensation. Later, on
an application to review the award filed by the claimant, the
Tribunal reviewed the earlier award and directed payment of Rs.
75,000/- as compensation. The claimant/appellant is aggrieved
by the impugned award.
2. Learned counsel for the appellant submits that a proper
award has not been passed in spite of acceptance of the prayer
for review. The Tribunal has not considered the claim
methodically and rationally. The amounts payable under
different heads have not been fixed. Not even an attempt has
M.A.C.A. No. 175 OF 2004
2
been made to ascertain the amount payable under different
heads, it is contended. A further opportunity may be granted for
adducing evidence before the Tribunal and the Tribunal may be
directed to dispose of the matter afresh in accordance with law,
after giving the parties an opportunity to adduce further
evidence, if any, it is submitted.
3. The third respondent, the Insurance Company has
entered appearance. The course suggested by the learned
counsel for the claimant/appellant has not been objected by the
learned counsel for the third respondent. We are satisfied that
the interests of justice would be eminently served by directing
the Tribunal to dispose of the matter afresh.
In the result:
(a) This appeal is allowed in part.
(b) The impugned award is set aside.
(c) The Tribunal is directed to dispose of the matter afresh
after giving opportunity to the parties to adduce further
evidence, if any, in support of their contentions.
(d) The parties shall appear before the Tribunal on
M.A.C.A. No. 175 OF 2004
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30.03.2009.
(e) The Registry shall forward a copy of this judgment
forthwith to the Tribunal.
(f) There shall be a further direction to the Tribunal to
make every endeavor to dispose of the claim as expeditiously as
possible and at any rate, within a period of three months from
30.03.2009. Compliance shall be reported to this Court.
R. BASANT,
JUDGE.
P.R. RAMACHANDRA MENON,
JUDGE.
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