IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2245 of 2007()
1. STEAPHEN JOSEPH, PUHTHENVEEDU,
... Petitioner
Vs
1. THE MANAGING DIRECTOR, KERALA STATE
... Respondent
2. THE DISTRICT INSURANCE OFFICER,
For Petitioner :SRI.PRATHEESH.P
For Respondent :SRI.C.UNNIKRISHNAN, SC, KSCDC LTD.
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/09/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2245 OF 2007
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Dated this the 19th day of September, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kollam in O.P.(MV)1472/93.
According to the appellant the accident took place when on
the request of the driver of the lorry bearing Reg.No.KLQ
8018 to help to start the engine of the vehicle, the petitioner
pushed the lorry and in the process the back wheel of the
lorry run over the leg resulting in fracture and crush injuries.
The Tribunal dismissed the case on the ground that the
negligence has not been proved and therefore the claimant is
not entitled to compensation u/s 166 of the M.V.Act. Now, it
is submitted that if really the claimant had sustained injuries
amounting to permanent disablement as contemplated u/s
140 of the M.V. Act and at least he is entitled to get the
amount under no fault liability. Since the accident had taken
place on 21.6.92 it may not be possible to bring in S.163A of
the M.V.Act. Therefore I direct the Tribunal to consider the
M.A.C.A. 2245 OF 2008
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permanent disablement as contemplated u/s 140 of the
M.V.Act and in such case to award him compensation as per
law. Therefore the award under challenge is set aside and
the matter is remitted back to the Tribunal for fresh
consideration. Parties are directed to appear before the
Tribunal on 3.11.08.
The MACA is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-