Indira vs C.P.Raveendran on 29 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 987 of 2008()


1. INDIRA, AGED 60 YEARS, W/O.BABURAJ, KALA
                      ...  Petitioner

                        Vs



1. C.P.RAVEENDRAN, S/O.GOPALAN NAIR,
                       ...       Respondent

2. THE BRANCH MANAGER,

                For Petitioner  :SRI.JACOB ABRAHAM

                For Respondent  :SRI.RAJESH THOMAS

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

 Dated :29/10/2008

 O R D E R
                            M.N.KRISHNAN, J
                       =====================
                         MACA No.987 OF 2008
                       =====================

                 Dated this the 29th day of October 2008

                                JUDGMENT

This appeal is preferred against the award of the II Addl.Motor

Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.386 of 1998. The

claimant sustained injuries in a road accident while attempting to board into

a bus. She gave information that the accident took place when she was

attempting to board the vehicle bearing Regn.No.KL/7E-2025. In the

petition, column No.15 the vehicle involved is shown as KL/11-C 3474.

The insurance company contended that it had issued insurance policy with

respect to KL/7E-3474. On account of the conflicting pleadings regarding

the registration number of the vehicle the learned Tribunal held that the case

is not properly established and therefore dismissed the case. The learned

counsel for the appellant had made available before me for perusal a copy

of the charge sheet as well as a report filed by the Investigating Agency on

10.8.1997 to change the number from KL7E/2025 to KL 11C/3474. A

perusal of that report would show that the claimant had supplied the number

given to her by somebody and on appropriate enquiry it is learnt that the

MACA 987/2008 -:2:-

correct number of the vehicle KL 11C 3474. Unfortunately this report is not

produced before the court. It is further to be stated that no oral evidence

had been adduced to satisfy the conscience of the court to connect the

claimant with the bus as well as the injury. Since there are some materials

available, it is desirable that an opportunity is given to the claimant to

establish the fact.

Therefore, I set aside the award passed by the Tribunal and remit the

case back to the Tribunal with a direction to permit the appellant to produce

both documentary as well as oral evidence in support of their contentions.

The insurance company is also permitted to produce the same. The court

shall dispose of the matter in accordance with law. Parties are directed to

appear before the Tribunal on 15.12.2008.

MACA is disposed of as above.

M.N.KRISHNAN, JUDGE

Cdp/-