IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1376 of 2010()
1. SHAMEER K.P., AGED 31 YEARS,
... Petitioner
Vs
1. A.N.GANGADHARAN, S/O.NARAYANAN,
... Respondent
2. A.K.ACHUTHAN, S/O.KRISHNA KURUP,
3. THE NEW INDIA ASSURANCE COMPANY LIMITED,
For Petitioner :SRI.ANIL S.RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/08/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1376 OF 2010
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Dated this the 5th day of August, 2010.
J U D G M E N T
This appeal is preferred against the award of the
Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)
1708/05. On seeing the award I feel an opportunity
has to be given to the appellant to establish his case
and therefore I am disposing of this appeal without
notice to the other side.
2. The claimant moved an application for
damages sustained to the vehicle. An estimate of
Rs.40,000/- was prepared and the surveyor was
examined to prove the same. The surveyor has
estimated labour charges at Rs.1,150/- and spare parts
costs at Rs.29,700/-. But the Tribunal rejected the
claim on the ground that appropriate vouchers and bills
are not produced to prove the actual repairs done to the
vehicle. There is a surveyor’s report and it was
M.A.C.A. 1376 OF 2010
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incumbent upon the claimant to have produced some
documents or at least adduce some evidence to prove
that he has repaired the vehicle but I do not want to
reject his claim on a technical ground. Therefore I am
inclined to grant an opportunity.
Therefore the award under challenge is set aside
and the matter is remitted back to the Tribunal with a
direction to the Tribunal to permit the appellant to
produce both documentary as well as oral evidence in
support of his contentions regarding the repairs and
then the Tribunal shall dispose of the matter in
accordance with law. Since I am disposing of the appeal
in the admission stage itself the appellant is directed to
take out notice the insurance company after he enters
appearance before the Tribunal. The appellant is
directed to appear before the Tribunal on 20.9.2010.
Sd/-
M.N. KRISHNAN, JUDGE.
ul/- [true copy]
P.A. To Judge.