Mohammed Shafi vs P.K.Baby on 2 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1367 of 2009()


1. MOHAMMED SHAFI,AGED 20 YEARS,
                      ...  Petitioner

                        Vs



1. P.K.BABY S/O. KURIAN,AGED 51 YEARS,
                       ...       Respondent

2. THE UNITED INDIA INSURANCE CO.LTD.,

                For Petitioner  :SMT.LATHA PRABHAKARAN

                For Respondent  :SRI.S.ARUN RAJ

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

 Dated :02/07/2010

 O R D E R
                     M.N. KRISHNAN, J.
                  ...........................................
                  M.A.C.A.NO.1367 OF 2009
                 .............................................
             Dated this the 2nd day of July, 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.656/1998. The

claimant sustained injuries in a road accident and the

Tribunal has awarded him a compensation of Rs.23,266/=

and directed the insurance company to pay the amount.

2. At the out set, I may like to state that in the middle

portion of the award a statement is made by the Tribunal

that the insurance company can recover it from the owner.

But when it reaches the concluding portion, it does not

find a place. Why right to recovery ordered is not seen

from the award. Similarly it can be seen that the Tribunal

has not considered the matter in the correct perspective at

all and therefore it is desirable that the entire award is set

aside and the matter is remitted back to the Tribunal for

fresh consideration on the quantum, liability etc.

In the result, the MACA is allowed and the award under

challenge is set aside and the matter is remitted back to the

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M.A.C.A.NO.1367 OF 2009

Tribunal for a fresh consideration after permitting all

concerned to adduce both documentary as well as oral

evidence in support of their respective contentions and then

dispose of the matter in accordance with law. Since there is

a case of recovery, the claimant is directed to take out notice

to the owner afresh after he enters appearance before the

Tribunal. If any amount is lying in deposit, let it remain there

until a final decision is taken in the matter. Parties are

directed to appear before the Tribunal on 3.8.2010.

Disposed of accordingly.

M.N. KRISHNAN, JUDGE.

cl

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