IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2360 of 2009()
1. RAMESAN, S/O.RAMANKUTTY, AGED 31
... Petitioner
Vs
1. P.RAJAN, S/O.KELU KURUP, PANTHOTTIL
... Respondent
2. THE UNITED INSURANCE COMPANY LTD.,
For Petitioner :SRI.V.S.CHANDRASEKHARAN
For Respondent :SMT.P.K.SANTHAMMA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/02/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.No.2360 OF 2009
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Dated this the 3rd day of February, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Kozhikode in OP(MV)No.592/2004. The
claimant was a pillion rider of a motor cycle and he was
hit by a jeep KLL 6616. The Tribunal had dismissed the
application on the ground that the accident is not properly
proved.
2. I had carefully gone through the documents given
to me by the counsel for the appellant as well as the
insurance company. It is true that in the first Information
Statement there is a mistake which shows that the number
of the vehicle is shown as KLZ 6616. The document which
was made available before me by the insurance company
would reveal that the Additional Motor Vehicle Inspector
has inspected the vehicle KLL6616 and not KLZ 6616.
Similarly there is another mistake in the wound certificate
which would indicate as if that the bike had been hit by a
bus and not by a jeep.
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3. The learned counsel for the appellant would submit
that if an opportunity is given to produce AMVI’s report
as well as the charge sheet, the conscience of the court
can be satisfied regarding the accident.
4. I am inclined to grant an opportunity in this case
especially for the reason that there has been amputation of
the left index finger which requires sympathetic
consideration as well and technicality shall not be used to
defeat the ends of justice .
5. Therefore I set aside the award passed by the
Tribunal and remit the case back to the Tribunal with a
direction to the claimant to produce necessary documents,
enter the box and tender evidence in support of the accident.
Equal opportunity be given to the insurance company as
well and the matter be disposed of in accordance with law.
The parties are directed to appear before the Tribunal on
3.3.2010. If the insurance company is made liable, need
less to say that interim award amount has to be given credit
in the final compensation.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl
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