Urumise V.T. vs P.D.Devassy on 16 June, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 658 of 2009()


1. URUMISE V.T. S/O. THOMA, AGED 58,
                      ...  Petitioner

                        Vs



1. P.D.DEVASSY S/O. DEVASSYKUTTY,
                       ...       Respondent

2. RAJEEV M.V. S/O. VASU,

3. THE NEW INDIA ASSURANCE CO. LTD.,

                For Petitioner  :SRI.V.K.GOPALAKRISHNA PILLAI

                For Respondent  :SMT.M.HEMALATHA

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

 Dated :16/06/2010

 O R D E R
                      M.N.KRISHNAN, J
                  =====================
                    MACA No.658 OF 2009
                  =====================

            Dated this the 16th day of June 2010

                          JUDGMENT

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Perumbavoor in O.P.(MV)

No.1/2005. The claimant sustained injuries in a road accident

and his case has been dismissed by the Tribunal. It is against

that decision, the claimant has come up in appeal. When the

claimant gave the first information statement, he had given the

name of one Moonjeli Vasu as the driver of the auto rickshaw.

But when a charge sheet is filed one Rajeev, S/o.Moonjeli Vasu

is shown as the driver of the auto rickshaw. So the charge

sheet is not in conformity with the FI statement but it can

always be stated that investigation can result in change of

persons. But whatever it may be, there is a duty cast upon the

persons to explain to the court under circumstances which

MACA 658/2009 -:2:-

things had changed. The claimant did not enter the box. I do

not want to elaborate, but I feel that when the learned counsel

for the appellant requests for a chance to rectify the mistakes

committed, 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 to implead the person who is shown in the FI

statement as well and then permit all parties concerned to

produce both documentary as well as oral evidence in support

of their respective contentions and then dispose of the matter in

accordance with law. The claimant is also directed to take out

notice to the respondents other than the insurance company for

a proper disposal of the matter. Parties are directed to appear

before the Tribunal on 26.7.2010.

MACA is disposed of accordingly.

M.N.KRISHNAN, JUDGE

Cdp/-

MACA 658/2009 -:3:-