IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1312 of 2008()
1. KABEER K.P., S/O.ABOOBACKER, AGED 33
... Petitioner
Vs
1. SHEEBA, W/O.K.P.SASHIDHARAN,
... Respondent
2. SIVANANDAN, S/O.UNNARA, AGED 35 YEARS,
3. THE NEW INDIA ASSURANCE CO.LTD.,
For Petitioner :SRI.AVM.SALAHUDIN
For Respondent :SRI.VPK.PANICKER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/06/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.1312 OF 2008
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Dated this the 15th day of June, 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.1082/2001. The
claimant sustained injuries on account of collision between
two vehicles. The Tribunal found in the absence of any
document that the claimant had also contributed 50% to the
accident.
2. I do not want to elaborate but it is a sorry state of
affairs that a document absolutely relevant and necessary
for the disposal of the case is not produced before the court,
it is not proper on the part of the person in charge of the
litigation to do so. But being a motor accident claim where
a poor injured may be put into trouble, I am inclined to grant
an opportunity.
3. 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 both
documentary as well as oral evidence in support of their
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M.A.C.A.NO.1312 OF 2008
respective contentions and then dispose of the matter in
accordance with law. Parties are directed to appear before
the Tribunal on 25.7.2010 and the claimant is directed to
take out notice to respondents 1 and 2 in the claim petition
after his appearance before the said court.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
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M.A.C.A.NO.1312 OF 2008