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
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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
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