IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 903 of 2008()
1. TONY. K.TOM, KIZHAKKEL HOUSE,
... Petitioner
Vs
1. JOSE THOMAS, PULLATTU HOUSE,
... Respondent
2. THE NEW INDIA ASSURANCE COMPANY LTD,
For Petitioner :SRI.T.K.KOSHY
For Respondent :SMT.T.C.SOWMIAVATHY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/10/2009
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
M.A.C.A. NO. 903 OF 2008
= = = = = = = = = = = = = = =
Dated this the 5th day of October, 2009.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Thodupuzha in O.P.(MV)1021/02.
The claimant, a young man, sustained injuries in a road
accident on 28.7.2001. The law was set in motion only on
22.4.2002 but a wound certificate was produced which did
show that he has sustained injuries on 28.7.2001 and was
treated as an inpatient there upto 9.8.2001 and the cause is
shown as RTA. The date of preparation of wound certificate
is 15.3.2002. So if really the claimant has sustained injuries
in a road accident certainly he should be compensated.
Therefore it is absolutely essential to summon the document
from the hospital to show that whether the person was
treated therein on that specific date and whether the
incorporation of road traffic accident was there and also the
reason why the hospital authorities have not informed the
M.A.C.A. 903 OF 2008
-:2:-
police if really it was a road traffic accident. So these are all
matters which could be proved by producing the original of
the documents and letting in evidence. If such evidence is
adduced and the conscience of the Court is satisfied about
the involvement of the vehicle in the accident and that the
claimant had sustained injuries therein then certainly the
matter can be looked at.
2. Similarly, a question whether the vehicle hit on his
leg and overturned on him or he sustained injuries while he
was travelling in the pick-up van also raises considerable
importance for the reason that it may decide the question of
liability of the insurance company. So these are all matters
that can be looked into and decided by the Tribunal. Since
the policy is admitted 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
permit the claimant as well as the insurance company to
contest the case by permitting them to produce both
documentary as well as oral evidence in support of their
M.A.C.A. 903 OF 2008
-:3:-
respective contentions and then dispose of the matter in
accordance with law. Parties are directed to appear before
the Tribunal on 20.11.2009.
M.N. KRISHNAN, JUDGE.
ul/-