High Court Kerala High Court

Tony. K.Tom vs Jose Thomas on 5 October, 2009

Kerala High Court
Tony. K.Tom vs Jose Thomas on 5 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 903 of 2008()


1. TONY. K.TOM, KIZHAKKEL HOUSE,
                      ...  Petitioner

                        Vs



1. JOSE THOMAS, PULLATTU HOUSE,
                       ...       Respondent

2. THE NEW INDIA ASSURANCE COMPANY LTD,

                For Petitioner  :SRI.T.K.KOSHY

                For Respondent  :SMT.T.C.SOWMIAVATHY

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

 Dated :05/10/2009

 O R D E R
                     M.N. KRISHNAN, J.
              = = = = = = = = = = = = = =
                 M.A.C.A. NO. 903 OF 2008
            = = = = = = = = = = = = = = =
       Dated this the 5th day of October, 2009.

                      J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Thodupuzha in O.P.(MV)1021/02.

The claimant, a young man, sustained injuries in a road

accident on 28.7.2001. The law was set in motion only on

22.4.2002 but a wound certificate was produced which did

show that he has sustained injuries on 28.7.2001 and was

treated as an inpatient there upto 9.8.2001 and the cause is

shown as RTA. The date of preparation of wound certificate

is 15.3.2002. So if really the claimant has sustained injuries

in a road accident certainly he should be compensated.

Therefore it is absolutely essential to summon the document

from the hospital to show that whether the person was

treated therein on that specific date and whether the

incorporation of road traffic accident was there and also the

reason why the hospital authorities have not informed the

M.A.C.A. 903 OF 2008
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police if really it was a road traffic accident. So these are all

matters which could be proved by producing the original of

the documents and letting in evidence. If such evidence is

adduced and the conscience of the Court is satisfied about

the involvement of the vehicle in the accident and that the

claimant had sustained injuries therein then certainly the

matter can be looked at.

2. Similarly, a question whether the vehicle hit on his

leg and overturned on him or he sustained injuries while he

was travelling in the pick-up van also raises considerable

importance for the reason that it may decide the question of

liability of the insurance company. So these are all matters

that can be looked into and decided by the Tribunal. Since

the policy is admitted I am inclined to grant an opportunity.

Therefore the award under challenge is set aside and the

matter is remitted back to the Tribunal with a direction to

permit the claimant as well as the insurance company to

contest the case by permitting them to produce both

documentary as well as oral evidence in support of their

M.A.C.A. 903 OF 2008
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respective contentions and then dispose of the matter in

accordance with law. Parties are directed to appear before

the Tribunal on 20.11.2009.

M.N. KRISHNAN, JUDGE.

ul/-