IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1056 of 2009()
1. M.G.MUKESH, S/O.GOVINDAKUTTY NAIR,
... Petitioner
Vs
1. HARINDRAN, BAPUNTE PARAMBATH
... Respondent
2. RINEESH, S/O.SIVARAMAN, AGED 24,
3. UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SMT.K.V.RESHMI
For Respondent :SRI.K.PRAVEEN KUMAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/02/2010
O R D E R
M.N. KRISHNAN, J
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M.A.C.A No.1056 OF 2009
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Dated this the 5th day of February, 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).2653/05. The claimant a 36 year
old man sustained injuries in a road accident and he has been
awarded a compensation of Rs.2,000/-. Dissatisfied with the
same he has filed the appeal. The learned counsel for the
appellant had made available before me the charge prepared by
the police and submitted. The offence charged are under section
279 and 388 of the IPC which indicates about the grievious nature
of the injury. Further reading of the report would also reveal that
he has sustained a fracture on the foot and therefore charge is
laid under section 338 of the IPC. Unfortunately, the tribunal held
that there is no bony injury and it is only a negligible injury and
and awarded only a negligible compensation of Rs.2,000/- The
matter requires reconsideration. Therefore the award under
challenge is set aside. The matter is remanded back to the
MACA.No.1056/09 2
Tribunal with a direction to permit the claimant to produce
documentary as well as oral evidence in support of his
contentions and let the matter be disposed of in accordance with
law. Since the Insurance company has not entered appearance
here I direct the appellant take out notice to Insurance company
for proper disposal of the matter. The claimant is directed to
appear before the tribunal on 3.3.2010.
M.N. KRISHNAN, JUDGE.
Sou.