M.G.Mukesh vs Harindran on 5 February, 2010

Kerala High Court
M.G.Mukesh vs Harindran on 5 February, 2010
       

  

  

 
 
  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
                      -------------------------
                 M.A.C.A No.1056 OF 2009
                  ----------------------------------
         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.

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