A. Bashher Kunju Assan vs Lekha Thamban
2021 Latest Caselaw 3141 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE GOPINATH P.

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                        MACA.No.3366 OF 2014

  AGAINST THE AWARD IN OPMV 1278/2010 DATED 22-03-2014 OF MOTOR
               ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM


APPELLANT/PETITIONER:

             A. BASHHER KUNJU ASSAN
             AGED 48 YEARS
             S/O.ABOOBACKER KUNUU ASSAN, REESIDING AT DOOR
             NO.7/1138, BURTHAN MANZIL, KAPPALANDIMUKKU, COCHIN-2,
             ERNAKULAM.

             BY ADVS.
             SRI.RAHUL SASI
             SMT.NEETHU PREM

RESPONDENTS/RESPONDENTS:

      1      LEKHA THAMBAN
             W/O.THANKAPPAN, ROOM NO.149, KERALA WATER AUTHORITY
             QUARTERS, KARUVELIPPADY, COCHIN, PIN: 682 005.

      2      RAHIM
             S/O.ABOOBACKER, DOOR NO.13/321, THUNDIPAAMBU, NEAR
             CHEMBITTA PALLY, KOCHANGADI, COCHIN, PIN: 682 005.

      3      ORIENTAL INSURANCE COMPANY LTD.
             LAYAM ROAD, ERNAKULAM - 682 015.

      4      NATIONAL INSURANCE COMPANY LTD. COCHIN,


             R1, R3 BY ADV. SRI.VPK.PANICKER
             R1, R4 BY ADV. SMT.RAJI T.BHASKAR

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 M.A.C.A.No.3366/2014                    2




                                   JUDGMENT

Dated this the 28th day of January 2021

This appeal has come up today (28.1.2021) on an application filed by

the appellant for an early hearing of the appeal. The learned counsel

appearing for respondents 3 and 4 submits that service of notice on

respondents 1 and 2 is not yet complete in the appeal.

2. On a reading of the award passed by the Motor Accidents Claims

Tribunal, Ernakulam, it is noticed that the claim of the appellant was rejected

on the ground that he had failed to produce any document to prove that he

has sustained injuries in a road traffic accident or that he had been treated in

any hospital for the same.

3. The learned counsel appearing for the appellant submits that if

an opportunity is granted to the appellant, he will be able to prove his claim

by adducing evidence before the Tribunal.

4. In the totality of the facts and circumstances of the case, I am of

the opinion that the award now passed by the Tribunal in

O.P.(MV)No.1278/2010 can be set aside and the matter can be remanded to

the Tribunal for fresh consideration after affording an opportunity to all sides

to adduce evidence.

5. Accordingly, the award dated 22.03.2014 in

O.P.(MV)No.1278/2010 on the file of the Motor Accidents Claims Tribunal,

Ernakulam is set aside. O.P.(MV)No.1278/2010 will stand restored to the file

of the Motor Accidents Claims Tribunal, Ernakulam. The appellant and

respondents 3 and 4 shall appear before the Tribunal on 1.3.2021 and the

Tribunal shall, thereafter, consider O.P.(MV)No.1278/2010 and dispose of

the same in accordance with law, after fresh notice to respondents 1 & 2 as

well, though they were set ex-parte by the Tribunal earlier.

Sd/-

GOPINATH P.

JUDGE

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