IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2727 of 2009()
1. KUMARAN,S/O.RAVEENDRAN,KALAVAMPARA
... Petitioner
Vs
1. SANTHOSHKUMAR.M.G.,S/O.GOVINDAN NAIR,
... Respondent
2. SHAMDHAR.N.A,NADAKKAPARAMBIL HOUSE,
3. NEW INDIA ASSURANCE CO.LTD,
For Petitioner :SRI.G.BALAMURALEEDHARAN (PARAVUR)
For Respondent :SRI.K.C.SANTHOSHKUMAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/05/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.2727 OF 2009
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Dated this the 26th day of May, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Perumbavoor in OP(MV)No.748/2006. The
claimant is alleged to have sustained injuries in a road
accident while a bicycle driven by him was hit on the back
side of a Scorpio car. He had sustained fractures and
was admitted in a hospital. But the court below dismissed
the application on the ground that entire materials are not
placed before the court to appreciate the matter. It
appears that when he was admitted in the hospital, it was
represented that the accident took place while the said
person was travelling in a bike.
2. Learned counsel for the appellant showed me a
copy of the FIR which is registered on the basis of a private
complaint referred under Section 156(3) of the Criminal
Procedure Code. There the mention is of a bicycle.
Unfortunately, it is a case where the claimant did not
produce those documents nor did tender any evidence when
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M.A.C.A.NO.2727 OF 2009
there is a dispute regarding the cause of injury. The
learned counsel would submit that if an opportunity is given,
he shall produce the necessary documents and adduce
evidence. 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 liberty
to 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. Parties are
directed to appear before the Tribunal on 03.07.2010.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
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