IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2133 of 2009()
1. ASHISH NAMBOODIRI,S/O.VAMANAN NAMBOODIRI
... Petitioner
Vs
1. N.NOUSHAD,S/O.NOORMBOHAMMED, AGE NOT
... Respondent
2. K.NOORMOHAMMED, S/O.KHADIR MOIDEEN,
3. THE MANAGER, NATIONAL INSURANCE CO.LTD.
For Petitioner :SRI.K.P.BALAGOPAL
For Respondent :SRI.LIJU. M.P
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/08/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2133 OF 2009
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Dated this the 2nd day of August, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Palakkad in O.P.(MV)262/04. At
the out set, I may like to point out the methodology of
producing documents without examining any persons
creating confusion in the mind of everybody is to be
deprecated. When documents are produced before Court it is
to be properly explained so that the Court will know the
reality. I am not inclined to say anything further.
2. It is submitted by the learned counsel for the
appellant that the Tribunal in paragraph 13 of the award has
erred in taking into consideration the medical expenses. The
Tribunal did not accept the bills for the payment of advance
of Rs.13,000/- and Rs.5,000/-. Learned counsel would
contend that if the entire amount which is produced as bills is
taken into account and the advance amount is reduced it will
show that higher amount is available for medical expenses.
M.A.C.A. 2133 OF 2009
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But it is a matter which has to be proved by examining the
person and giving an opportunity to the other side by cross-
examining him. I do not want to disallow it at this stage for
the reason if really amount is incurred for treatment it has to
be given to the party. Therefore I am inclined to grant an
opportunity for the limited purpose of proving the medical
bills and the medical expenses incurred by the claimant.
Therefore the award under challenge is set aside to the
limited extend to find out the actual medical expenses
incurred and for the said purpose the claimant as well as the
other parties are permitted to adduce both documentary as
well as oral evidence in support of their respective
contentions and then the matter be disposed of in
accordance with law. Parties are directed to appear before
the Tribunal on 13.9.2010.
M.N. KRISHNAN, JUDGE.
ul/-