George Antony vs The New India Assurance Company ...
2021 Latest Caselaw 8305 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                        MACA.No.203 OF 2015(C)

AGAINST THE AWARD IN OPMV NO.702/2007 DATED 25-08-2011 ON THE FILE
        OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL ALAPPUZHA


APPELLANT/PETITIONER:

             GEORGE ANTONY
             S/O.ANTONY, RESIDING AT VALAVANATTU RACHAMPARAMBIL
             HOUSE,CHANDIROOR P.O, CHERTHALA, ALAPPUZHA DIST

             BY ADV. SRI.V.P.MOHAMMED NIYAZ

RESPONDENT/3RD RESPONDENT:

             THE NEW INDIA ASSURANCE COMPANY LTD
             PERUMBAVOOR BRANCH, REP BY ITS MANAGER-683542

             R1 BY ADV. SRI.N.S.NAJEEB

     THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 M.A.C.A.No.203 of 2015                2


                               JUDGMENT

Dated this the 12th day of March 2021

...

The appellant herein is the petitioner in O.P.(MV)No.702 of

2007 on the file of the Motor Accidents Claims Tribunal, Alappuzha.

2. The said claim petition was filed by the petitioner seeking

compensation for the injuries sustained to him in a motor accident

occurred on 20.1.2006. According to the claimant, the injuries

sustained to him were of serious in nature and he sustained physical

disablement on account of the same. According to him, he was

conducting a chicken stall and was earning a monthly income of

Rs.10,000/-. Therefore, he claimed a total compensation of

Rs.1,50,000/-.

3. The Insurance Company filed a written statement

admitting the coverage of policy but disputed the liability on various

grounds. The quantum of compensation was also seriously disputed.

4. The evidence in this case consists of documentary

evidence of Exts.A1 to A3 from the side of the petitioner. No oral

evidence was adduced by him. No evidence was adduced from the

side of the respondent as well.

5. After the trial, the Tribunal passed an award allowing a

total compensation of Rs.39,550/- and directed the Insurance

Company to deposit the said amount along with interest at the rate

of 7.5% per annum from the date of petition.

6. It was brought to the attention of this Court that

subsequent to the award, the appellant filed I.A.No.4300 of 2011 in

the said claim petition seeking to review of the award. The review

was sought for on the ground that, along with the said review

petition, he has produced certain additional documents such as

disability certificate and medical bills for substantiating the

expenditure involved in medical treatment. However, as per the

order dated 28.2.2013, the said review petition was dismissed by the

Tribunal. The above appeal is filed in the above circumstances.

7. It is true that, the appellant failed to prove the medical

certificate and also the documents showing the medical expenses

incurred by him for availing medical treatment. Even though it can

be treated as a lapse on the part of the appellant, considering the

facts and circumstances of this case and also taking note of the fact

that, he is a victim of a motor accident, a lenient view is to be taken

in this case. Therefore, the appellant can be granted a further

opportunity to adduce evidence to substantiate the physical disability

claimed to have been sustained by him and also the expenses

incurred by him for treatment of his ailments.

8. In the above circumstances, the award passed by the

Tribunal dated 25.8.2011 in O.P.(MV)No.702 of 2007 is hereby set

aside and the matter is remanded back to the Tribunal for fresh

consideration as to the quantum of compensation to be awarded.

Both the parties are at liberty to adduce fresh evidence in respect of

their respective contentions. It was pointed out by the learned

counsel for the respondent that, the above appeal was filed along

with a petition to condone the delay of 1038 days in filing the same.

This Court condoned the said delay as per order dated 9.4.2015 on

condition that, in case any additional amount is awarded, the

appellant shall not be entitled for interest during the said period.

Therefore, it is observed that, in the case of any additional amount

being awarded by the Tribunal, the appellant/petitioner shall not be

entitled for interest for a period of 1038 days, which is the period of

delay in filing this appeal, in the light of the condition imposed by

this Court in the order dated 9.4.2015. It is further directed that, the

Tribunal shall dispose of the petition within a period of six months

from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE pkk