IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 349 of 2009()
1. ABDUL GAFOOR, AGED 21 YEARS
... Petitioner
Vs
1. N.MOHAMMED ABDUL RAHIM
... Respondent
2. RAMANKUTTY, S/O.NADIKUTTY
3. NATIONAL INSURANCE COMPANY LTD
For Petitioner :SRI.V.S.CHANDRASEKHARAN
For Respondent :SRI.E.M.JOSEPH
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/07/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.349 OF 2009
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Dated this the 19th 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.2050/2003. The
claimant, who is alleged to have sustained injuries in a road
accident, moved an application for compensation and it has
been dismissed for want of evidence and documents. The
court also suspected that he would have submitted
application before another Tribunal.
2. I feel that the methodology adopted by the court is
absolutely incorrect and it has also to be stated that the
claimant had been very negligent in prosecuting the matter.
Therefore, between the period 4th April, 2008 till today, the
claimant shall not be granted any interest. I am inclined to
give an opportunity and therefore the award under challenge
is set aside and the matter is remitted back to the Tribunal
with a direction to permit all concerned to produce
documentary as well as oral evidence in support of their
respective contentions and then dispose of the matter in
accordance with law. I make it clear that the claimant shall
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M.A.C.A.NO.349 OF 2009
not be entitled to any interest from 4th April, 2008 till today
i.e., 19.07.2010. Parties are directed to appear before the
Tribunal on 04.09.2010.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
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M.A.C.A.NO.349 OF 2009