IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1828 of 2007()
1. BASHEER,S/O.KUNHAMMED,AGED 28,
... Petitioner
Vs
1. IMBICHIKOYA THAGAL,S/O.SAIDALAVIKOYA
... Respondent
2. THE NATIONAL INSURACNE COMPANY LIMITED,
For Petitioner :SMT.LATHA PRABHAKARAN
For Respondent :SRI.P.JAYASANKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/09/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1828 OF 2007
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Dated this the 18thday of September, 2008
JUDGMENT
This appeal is preferred against the award passed by the
Principal Motor Accident Claims Tribunal, Kozhikode, in OP(MV)
1872/01. The claimant, a young man aged 22 years, is alleged to
have sustained injuries in a road accident. The Tribunal dismissed
the claim application. It is against that decision the claimant has
come up in appeal.
2. Heard the counsel for both sides. It is the case of the
claimant that while he was travelling in a jeep it over turned and he
had sustained injuries. He was treated as outpatient in the Medical
College Hospital, Kozhikode. He had produced Ext.A2 to prove the
same. But unfortunately he did not mount the box nor tender any
evidence so as to satisfy the conscience of the court regarding the
correctness of the claim.
3. Learned counsel has made available before me for
perusal a copy of Ext.A2 which would show that he was also
admitted in the hospital at 4.30 p.m. on 26.11.00 (
MACA No. 1828/07
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). If this is true, I find there
is a fair case for the claimant. I do not want to deprive him an
opportunity.
Therefore, the award under challenge is set aside and the
matter is remitted back to the Tribunal with a direction to permit both
parties to adduce documentary as well as oral evidence in support of
their respective contentions and the Tribunal shall dispose of the
matter in accordance with law.
Parties are directed to appear before the Tribunal on 4.11.08.
M.N.KRISHNAN, JUDGE
vps
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