IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1537 of 2006()
1. LISSY, W/O.SAJU, KOTTUKKARA,
... Petitioner
Vs
1. MOHAMED HARIS, S/O.ABOOBACKER,
... Respondent
2. ORIENTAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.S.M.PRASANTH
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/11/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1537 OF 2006
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Dated this the 12th day of November 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Kalpetta in O.P.(MV)No.738 of 1999. The claimant a lady
sustained injuries in a road accident. It was her case that while she was
walking along the road, a bike ridden by the first respondent came in a rash
and negligent manner, hit on her resulting in injuries to her. Ext.A1is the
first information report. Exts.A2 and A3 are the scene mahazar and body
mahazar respectively and Ext.A7 is the copy of the charge sheet filed
against the first respondent. There are documents to prove the injuries in the
form of wound certificate. There are also medical bills to establish that she
had undergone treatment. But after referring to all these, the Tribunal
observed that the petitioner has not produced FIR in this case. For the
above reasons, it cannot be said that the accident occurred due to the rash
and negligent driving of the first respondent. PW1 has been examined. I am
afraid that the Tribunal has totally mis-appreciated the evidence in arriving
at a decision. Therefore I set aside the award passed by the Tribunal and
MACA 1537/2006 -:2:-
remit the matter back for fresh consideration by permitting the parties to
adduce both oral and documentary evidence in support of their respective
contentions. The appellant herein is also directed to take out fresh notice to
the respondents so that they can be heard. The appellant is directed to
appear before the Tribunal on 19.12.2008.
MACA is disposed of as above.
M.N.KRISHNAN, JUDGE
Cdp/-