IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2769 of 2008()
1. K.JAFAR, AGED 25 YEARS, S/O.VEERANKUTTY
... Petitioner
Vs
1. SRI.U.MUHAMMED ALI, CHOONAKKAL HOUSE,
... Respondent
2. THE NATIONAL INSURANCE CO.LTD.,
For Petitioner :SRI.JACOB ABRAHAM
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/10/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2769 OF 2008
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Dated this the 6th day of October, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kozhikode in O.P.(MV)2696/03.
The claimant is alleged to have sustained injuries in a road
accident and the Tribunal dismissed the claim holding that
things are not proved. The learned counsel had made
available before me a copy of the wound certificate and
certain other documents and requested the Court to give an
opportunity to prove the case. It is true that there is some
delay in even issuance of wound certificate and filing of the
case. These are all matters which can be considered by the
Court. If the claimant is able to satisfy the conscience of the
Court regarding the genuineness of the case, the Court can
act upon it and direct the parties to adduce oral evidence as
well. Unfortunately the claimant has not impleaded the
driver. The Hon’ble Supreme Court has held that when a
case is filed u/s 166 of the M.V.Act it is always necessary to
M.A.C.A. 2769 OF 2008
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implead the driver unless it is admitted that the negligence is
on the part of the driver. Therefore the claimant may be
permitted to implead the the driver as well.
2. In the result the award under challenge is set
aside and the matter is remitted back to the Tribunal with a
direction to permit the claimant to implead the driver, then
produce documentary as well as oral evidence in support of
the contentions.
Needless to say the insurance company is also
permitted to produce documents in support of its contentions
and let the matter be disposed of in accordance with law.
Parties are directed to appear before the Court below on
23.11.2009.
M.N. KRISHNAN, JUDGE.
ul/-