IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 177 of 2009()
1. MINOR AJITH, AGED 11 YEARS,
... Petitioner
Vs
1. P.KRISHNANKUTTY, PRACHINKAYIL HOUSE,
... Respondent
2. VIJAYAKUMAR, AGED 37 YEARS,
3. THE NEW INDIA ASSURANCE CO. LTD.,
For Petitioner :SRI.K.B.MOHANDAS
For Respondent :SMT.RAJI T.BHASKAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :27/07/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. No. 177 OF 2009
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DATED THIS, THE 21ST DAY OF JULY, 2010.
J U D G M E N T
This is an appeal preferred against the award of the Motor Accidents
Claims Tribunal, Thrissur, in O.P. (M.V) No. 1928 of 2002. The claimant, a
minor, sustained injuries in a road accident and the Tribunal fixed a total
compensation of Rs. 33,000/- and granted a compensation of Rs.24,750/-
holding that the auto driver had contributed to the accident.
2. Heard the counsel for both sides. I am surprised to see two
conflicting findings in the same award. The Tribunal raised an issue as
Issue No.1 and held that the accident had taken place due to the rash and
negligent driving of the tractor by the second respondent. Then the
Tribunal goes on discussing the compensation entitlement and while
coming to Issue No.4 in paragraph 14, makes a finding that the driver of the
auto has also contributed to the accident of 25%. First of all, there cannot
be two such findings in the very same award. Secondly, when the auto
driver was found negligent, the court should have directed the claimant to
implead the driver of the auto rickshaw and entered into a finding with his
presence. That is also not done. So, the finding is not supported by th legal
MACA 177/2009 2
principles and therefore, it requires interference.
3. Therefore, the award under challenge is set aside, the mater is
remitted back to the Tribunal with permission to the claimant to implead the
owner, driver and insurer of the auto rickshaw. The Tribunal can frame
appropriate issues permitting both sides to adduce both oral and
documentary evidence in support of their contentions and then dispose of
the case in accordance with law. The parties are directed to appear before
the court below on 7.9.2010.
M.N. KRISHNAN,
(JUDGE)
KNC/-