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A.K.Abdul Razack vs Sadanandan on 30 October, 2008

Kerala High Court
A.K.Abdul Razack vs Sadanandan on 30 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 931 of 2005(A)


1. A.K.ABDUL RAZACK, AGED 47 YEARS,
                      ...  Petitioner

                        Vs



1. SADANANDAN, S/O.SIVARAMAN,
                       ...       Respondent

2. JOSEPH.K.C. S/O.CHACKO,

3. HARIDAS, S/O.KARUNAKARAN,

4. THE ORIENTAL INSURANCE COMPANY LTD.,

                For Petitioner  :SRI.R.SUDHISH

                For Respondent  :SRI.KRISHNADAS P. NAIR

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

 Dated :30/10/2008

 O R D E R
                             M.N.KRISHNAN, J.
                             --------------------------
                         M.A.C.A No. 931 OF 2005
                               ---------------------
                  Dated this the 30th day of October, 2008

                                 JUDGMENT

This appeal is preferred against the award passed by the Motor

Accident Claims Tribunal, Ernakulam, in OP(MV) 1845/95. It is the case of

the claimant that while he was pushing his bicycle, a scooter came and hit

on him resulting in injuries to him. He had sustained fracture of the

calcaneum. The Tribunal after analysis held that the materials available

are not sufficient and therefore dismissed the claim application. It is

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

2. A perusal of the award would show that the Tribunal was

totally dissatisfied on account of the non-production of the wound

certificate. What was pressed into service was only a discharge summary

which would indicate that he was admitted on 5.7.94 and discharged on

7.7.94 following an alleged road traffic accident with fracture of the

calcaneum. It did not contain the name of the Doctor who had issued the

discharge summary. Now at the time of hearing, learned counsel made

available before me for perusal a copy of the wound certificate issued by

the Medical Centre, Ernakulam, which confirms that what is stated in

Ext.A2 is correct. It also shows that the cause of accident is a hit on the

cyclist by a scooter and there was fracture of the calcaneum. It is a basic

MACA No. 931/05
2

document. If this basic document was produced and proved then certainly

the Tribunal would not have taken a decision, which it had taken.

3. Therefore, I find that an opportunity can be given to the

appellant to explain the whole thing. It has also to be stated that there had

been a considerable delay in impleadment of parties. That has also to be

taken into consideration while awarding interest, if ultimately award is to be

passed. It has also to be held that the claimant is not entitled to any

interest from 1.2.02 till 23.3.05, on which date this appeal is filed.

Therefore the award under challenge is set aside and the matter

is remitted back to the Tribunal for fresh consideration. All parties are

directed to produce documentary as well as oral evidence in support of

their respective contentions and it is an open remand. The Tribunal shall

dispose of the matter within six months from the date of first appearance of

the parties.

Parties are directed to appear before the Tribunal on 15.12.08.

M.N.KRISHNAN, JUDGE
vps

MACA No. 931/05
3

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