IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2339 of 2010()
1. THE ORIENTAL INSURANCE CO. LTD.,
... Petitioner
Vs
1. K. HAMEED, S/O. AHAMMED (LATE),
... Respondent
2. F.H. NAZEER AHAMMED, S/O. F.A.HUSSAIN,
3. V. UMMER, S/O. MOIDEEN,
For Petitioner :SRI.A.R.GEORGE
For Respondent :SRI.ZUBAIR PULIKKOOL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :08/02/2011
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2339 OF 2010
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Dated this the 8th day of February, 2011.
J U D G M E N T
This appeal is preferred against the award
of the Motor Accidents Claims Tribunal, Vatakara
in O.P.(MV)398/07. The claimant would allege
before Court that while he was standing on the
extremity of the road a goods auto rickshaw hit
on him resulting in injuries to him. The
Tribunal on a consideration of the materials
granted a compensation of Rs.16,150/-.
Aggrieved by the same the insurance company has
come up in appeal.
2. Heard the learned counsel for the
appellant as well as the claimant. It is the
case of the insurance company that as seen from
the wound certificate the cause of injury is
written as on account of the capsize of a goods
M.A.C.A. 2339 OF 2010
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vehicle. The statement in the wound certificate
does not indicate about the pedestrian being hit
by an auto rickshaw. No police case is
registered, no private complaint is filed and
therefore there had been no investigation on the
criminal side at all with respect to this case.
The only available materials is Ext.A1, the
wound certificate and the evidence of PW1. I am
afraid that the Tribunal should not have jumped
to the conclusion when Ext.A1 stares at the face
of the claimant. There must be some materials
to convince the Court that the accident had
taken place while he was standing on the road
side. When a goods auto rickshaw capsized and a
person sustains injury certainly it will be a
road traffic accident but the compensation will
be different with respect to liability of the
insurance company because they would not be
M.A.C.A. 2339 OF 2010
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liable to pay compensation. Unfortunately the
Tribunal has not applied its mind in that
direction and that has resulted in the mis-
carriage of justice. Therefore I set aside the
award of the Tribunal and remit the case back to
the Tribunal with a direction to all concerned
to produce both documentary as well as oral
evidence in support of their respective
contentions and then dispose of the matter in
accordance with law. Parties are directed to
appear before the Tribunal on 15.3.2011.
The amount in deposit shall remain there
until a fresh decision is taken in the matter.
M.N. KRISHNAN, JUDGE.
ul/-