IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 659 of 2007()
1. PRABHAKARA KURUP,
... Petitioner
Vs
1. PAZHANGAL ALIKUTTY, P.A.M.MANZIL,
... Respondent
2. K.P.JOY, S/O.PATHROSE,
3. THE UNITED INDIA INSURANCE CO.LTD.,
For Petitioner :SRI.K.M.JAMALUDHEEN
For Respondent :SRI.PMM.NAJEEB KHAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/07/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.659 OF 2007
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Dated this the 15th day of July 2008
JUDGMENT
This appeal is preferred against the award of the Principal Motor
Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.691 of 200. The
case of the claimant is that while he was riding a motor bike due to the
negligence of the tractor driver there was a collision between the two
which resulted in sustainment of injuries to him. As per the first
information statement the petitioner was riding the motor cycle at the
relevant time and that Mukundan Master was the pillion rider. But the
learned counsel would submit before me that by mistake in the claim
petition he has been described as a pillion rider instead of a driver. He had
attributed negligence only on the opposite vehicle. Therefore the question of
changing may not decide the issue. But it is true that such when
inconsistent or mistaken pleadings are there the party should have gone into
the box, give evidence and produce satisfactory evidence before the
Tribunal to establish that such an accident had taken place. I do not want to
discuss further . I feel an opportunity can be given.
MACA 659/2007 -:2:-
Therefore the award under challenge is set aside and the matter is
remitted back to the Tribunal for fresh consideration after affording equal
opportunity to all concerned to produce both documentary as well as oral
evidence in support of their respective contentions. Parties are directed to
appear before the Tribunal on 22.8.2008.
MACA is disposed of as above.
M.N.KRISHNAN, JUDGE
Cdp/-