High Court Kerala High Court

The Oriental Insurance Co. Ltd vs K. Hameed on 8 February, 2011

Kerala High Court
The Oriental Insurance Co. Ltd vs K. Hameed on 8 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2339 of 2010()


1. THE ORIENTAL INSURANCE CO. LTD.,
                      ...  Petitioner

                        Vs



1. K. HAMEED, S/O. AHAMMED (LATE),
                       ...       Respondent

2. F.H. NAZEER AHAMMED, S/O. F.A.HUSSAIN,

3. V. UMMER, S/O. MOIDEEN,

                For Petitioner  :SRI.A.R.GEORGE

                For Respondent  :SRI.ZUBAIR PULIKKOOL

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

 Dated :08/02/2011

 O R D E R
                M.N. KRISHNAN, J.
           = = = = = = = = = = = = = =
            M.A.C.A. NO. 2339 OF 2010
         = = = = = = = = = = = = = = =
     Dated this the 8th day of February, 2011.

                 J U D G M E N T

This appeal is preferred against the award

of the Motor Accidents Claims Tribunal, Vatakara

in O.P.(MV)398/07. The claimant would allege

before Court that while he was standing on the

extremity of the road a goods auto rickshaw hit

on him resulting in injuries to him. The

Tribunal on a consideration of the materials

granted a compensation of Rs.16,150/-.

Aggrieved by the same the insurance company has

come up in appeal.

2. Heard the learned counsel for the

appellant as well as the claimant. It is the

case of the insurance company that as seen from

the wound certificate the cause of injury is

written as on account of the capsize of a goods

M.A.C.A. 2339 OF 2010
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vehicle. The statement in the wound certificate

does not indicate about the pedestrian being hit

by an auto rickshaw. No police case is

registered, no private complaint is filed and

therefore there had been no investigation on the

criminal side at all with respect to this case.

The only available materials is Ext.A1, the

wound certificate and the evidence of PW1. I am

afraid that the Tribunal should not have jumped

to the conclusion when Ext.A1 stares at the face

of the claimant. There must be some materials

to convince the Court that the accident had

taken place while he was standing on the road

side. When a goods auto rickshaw capsized and a

person sustains injury certainly it will be a

road traffic accident but the compensation will

be different with respect to liability of the

insurance company because they would not be

M.A.C.A. 2339 OF 2010
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liable to pay compensation. Unfortunately the

Tribunal has not applied its mind in that

direction and that has resulted in the mis-

carriage of justice. Therefore I set aside the

award of the Tribunal and remit the case back to

the Tribunal with a direction to all 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. Parties are directed to

appear before the Tribunal on 15.3.2011.

The amount in deposit shall remain there

until a fresh decision is taken in the matter.

M.N. KRISHNAN, JUDGE.

ul/-