IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1407 of 2010()
1. VINOD, AGED 70, S/O.JANAKI AMMA,
... Petitioner
Vs
1. KADEEJA UMMA, AGED 77 YEARS,
... Respondent
2. PATHUMMA, AGED 60 YEARS,
3. BEEVATHUMMA, AGED 55 YEARS,
4. ABDUL RAHIMAN, AGED 53 YEARS,
5. NABEESA, AGED 47 YEARS,
6. SAINABA, AGED 43 YEARS,
7. GEORGE, AGED 40 YEARS,
8. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.P.GOPALAKRISHNA MENON
For Respondent :SRI.M.V.SABU
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/10/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.NO.1407 OF 2010
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Dated this the 26th day of October, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Thrissur in OP(MV)No.4050/2003. A claim
petition was filed by the legal representatives of one
Sulaiman who died in a road accident on 7.9.2001. The
Tribunal awarded the legal representatives a compensation of
Rs.77,000/= and directed the third respondent insurance
company to pay the amount and get it reimbursed from the
owner. Reimbursement was ordered on the ground that there
was no proof regarding valid permit to ply the vehicle.
2. The learned counsel for the appellant had made
available before me a copy of the permit which would
indicate that there was valid permit for the vehicle from
6.11.2000 to 5.11.2005. The accident had taken place on
7.9.2001. If really the permit is correct, then one cannot
hold that the vehicle was plying without a valid permit.
Since it is only a copy it cannot be finalised here. Therefore
an opportunity is given to the appellant to produce the
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M.A.C.A.NO.1407 OF 2010
authenticated copy so as to satisfy the conscience of the
court regarding validity of the permit. So for that purpose,
the matter is remitted back.
3. Therefore the award under challenge is set aside and
the matter is remitted back to the Tribunal with a direction
to the appellant herein to produce authenticated copy of the
permit and adduce evidence to satisfy the conscience of the
court regarding existence of valid permit on the date of
accident. Needless to say that the insurance company can
also produce documents in support of their contentions. For
this limited purpose, the matter is remanded and the parties
are directed to appear before the Tribunal on 7.12.2010.
Disposed of accordingly
M.N. KRISHNAN, JUDGE.
cl
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M.A.C.A.NO.1407 OF 2010
M.N. KRISHNAN, J.
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A.S.NO.389 OF 2001
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8th day of October, 2010.
J U D G M E N T