High Court Kerala High Court

M.Shameemunneesa vs T.N.Radhakrishnan on 23 July, 2008

Kerala High Court
M.Shameemunneesa vs T.N.Radhakrishnan on 23 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1743 of 2005()


1. M.SHAMEEMUNNEESA, MINOR,
                      ...  Petitioner

                        Vs



1. T.N.RADHAKRISHNAN, S/O.NARAYANAN,
                       ...       Respondent

2. A.K.HYDRASS, S/O.MOIDEEN,

3. M/S.ORIENTAL INSURANCE CO LTD.,

                For Petitioner  :SRI.M.P.PRAKASH

                For Respondent  :SRI.P.V.JYOTHI PRASAD

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :23/07/2008

 O R D E R
                          M.N.KRISHNAN, J.
                   --------------------------
                   M.A.C.A. No. 1743 OF 2005 D
                   --------------------------
                   Dated this the 23rd July, 2008.

                             JUDGMENT

Since notice is already issued before admission and service is

complete, the matter is disposed of.

2. This is an appeal preferred against the award of the Motor

Accidents Claims Tribunal, Manjeri. The claimant sustained injury

on the head. She also lost one of her tooth and there was also an

alvolar fracture and bone deep lacerated injury. The Tribunal

awarded a compensation of Rs. 9,007/-. Along with the appeal the

claimant has produced a document as per I.A.901/06. It is a

document to show that artificial denture has been fixed at the cost

of Rs.10,000/-. This is a matter which requires evidence and

therefore, the document is received in evidence subject to relevancy

and proof.

3. As the matter requires reconsideration, it is remitted back

to the Tribunal for fresh consideration after affording equal

opportunities to all to produce documentary and oral evidence in

support of their respective contentions.

M.A.C.A.NO: 1743/05 2

The Registry is also directed to forward the document

produced along with I.A.901/06 to the Tribunal for consideration.

Parties are directed to appear before the Tribunal on 2.9.2008.

M.N.KRISHNAN, JUDGE

jj