Kerala High Court
Appukuttan (Died) vs Shaji Joseph on 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
MACA.No.695 OF 2009
AGAINST THE AWARD IN OPMV 566/2004 DATED 27-09-2008 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM
APPELLANT/S:
1 APPUKUTTAN (DIED)
ARPOOKKARA WEST P.O. KOTTAYAM, PERSON WHO, UNSOUND
MIND REP.BY THE WIFE KOMALAVALLY,
NJAVALIKATTUTHARAYIL,ARPOOKKARA WEST P.O. KOTTAYAM,
AS IN THE CAPACITY OF NEXT FRIEND.
ADDL.A2 KOMALAVALLY
AGED 61 YEARS
W/O LATE APPUKKUTTAN, NJAVALKATTUTHARAYIL (H),
ARPOOKKARA WEST P.O., KOTTAYAM
ADDL.A3 ANIMA SAJESH
D/O LATE APPUKKUTTAN, NJAVALKATTUTHARAYIL (H),
ARPOOKKARA WEST P.O., KOTTAYAM, REP BY POA HOLDER
KOMALAVALLY-DO-
(ADDITIONAL APPELLANTS 2 AND 3 ARE IMPLEADED AS THE
LEGAL REPRESENTATIVES OF THE DECEASED APPELLANT AS
PER ORDER DATED 13/3/19 IN IA 4/19 IN MACA 695/2009)
BY ADV. SRI.V.P.MOHAMMED NIYAZ
RESPONDENT/S:
1 SHAJI JOSEPH
KOCHUPARAMBIL, MONIPPALLY P.O., KOTTAYAM.
2 SABU JOSEPH SABU PLAMPARAMBIL
KUTTAMPURAM BHAGOM, KAIPUZHA VILLAGE,, KOTTAYAM.
3 THE MANAGER THE NEW INDIA ASSURANCE
COMPANY LTD.,M.C.ROAD, ETTUMANOOR.
R1 BY ADV. SRI.P.K.BABU
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA.No.695 OF 2009 2
P.V.KUNHIKRISHNAN, J
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M.A.C.A. No.695 of 2009
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Dated this the 2nd day of March, 2021
JUDGMENT
The appellants are the legal heirs of the deceased petitioner in
O.P.(M.V.) No.566/2004 on the file of the Motor Accidents Claims
Tribunal, Kottayam. The above claim petition is filed under Sec.166 of
the Motor Vehicles Act by the wife of the injured as the next friend for
the compensation for the injury sustained to her husband, Appukuttan
in a motor vehicle accident. Pending this appeal, the sole appellant
died and his legal heirs are impleaded as additional appellants.
2. The short facts are like this :
On 27.4.2003 at about 7.30 p.m., while the injured was walking
through the side of the road in order to buy diesel, an autorikshaw
bearing registration No.KL 5C 8725 knocked down him and he
sustained serious injuries. He was immediately taken to the Medical
College Hospital, Kottayam and continued treatment there. According
to the claimant, the accident was occurred solely due to the
negligence on the side of the 2 nd respondent, who was driving the
autorikshaw in a rash and negligent manner. The autorikshaw is
owned by the 1st respondent and it was insured with the 3 rd
respondent. Therefore, it was contended that the respondents are
jointly and severally liable to pay compensation.
3. To substantiate the case, Exts.A1 to A27 were marked.
One witness was also examined on the side of the petitioner. After
going through the evidence and documents, the Tribunal passed an
award by which an amount of Rs.1,38,738/- is awarded as
compensation with interest at the rate of 7.5% per annum. Aggrieved
by the quantum of compensation, this appeal is filed.
4. Heard counsel for the appellant and counsel for the 3 rd
respondent-Insurance Company.
5. The counsel for the appellant submitted that he produced
additional documents in I.A.No.6/2019. In the above interlocutory
application, the appellant produced Annexures-A28 to A34. Annexure-
A28 is the cash bill and pharmacy bill issued by the Caritas Hospital,
Kottayam for an amount of Rs.1,09,943/-. The other documents like
miscellaneous bills, discharge summary, treatment certificates are
also produced. The counsel submitted that subsequent to the filing of
this appeal, the original appellant died. Till his death, he was
suffering from different complications in connection with the injuries
sustained to him in the accident. The counsel submitted that these
documents may be accepted and additional compensation may be
allowed.
6. The counsel for the Insurance Company submitted that
without any evidence, these documents cannot be accepted. The
counsel submitted that the appellants have to prove these documents,
in a manner known to law.
7. After hearing both sides, I think this matter can be
remanded to the Tribunal for adducing further evidence to prove
these documents. I.A.No.6/2019 allowed. The appellants are free to
adduce further evidence, if any necessary to prove injuries sustained
to the deceased appellant and he can canvass for additional
compensation for his treatment in connection with the injury
sustained in the accident. The counsel for the appellants submitted
that a petition is filed to amend the claim petition in this appeal. The
appellants are free to file a petition before the Tribunal for amending
the claim petition and if such an application is filed, the Tribunal will
pass appropriate orders, in accordance to law. If the amendment
application is allowed, the respondents will be allowed to file
additional written statement, if any.
8. In the result, the appeal is allowed.
1) The impugned award is set aside.
2) The Motor Accidents Claims Tribunal, Kottayam is directed
to restore O.P.(M.V.) No. 566/2004 and allow the parties to adduce
further evidence, if any.
3) Thereafter, the Tribunal will pass appropriate orders in
accordance to law, as expeditiously as possible, at any rate, within
6 months from the date of receipt of a copy of this judgment.
4) The amount already awarded will be adjusted while passing
the final order.
5) Registry will return the LCR to the Tribunal along with the
documents produced in I.A.No.6/2019.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
