Kerala High Court
United India Insurance Company ... vs Krishnan Kutty on 19 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942
MACA.No.2321 OF 2012(B)
AGAINST THE AWARD IN OPMV 1548/2007 DATED 30-03-2012 OF I
ADDITIONAL DISTRICT COURT & ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL ,KOLLAM
APPELLANTS:
UNITED INDIA INSURANCE COMPANY LIMITED
MANNARKKAD NOW REP.BY ITS DEPUTY MANAGER, REGINAL
OFFICE, 'SHARANYA',HOSPITAL ROAD, KOCHI-11
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
RESPONDENT:
KRISHNAN KUTTY
S/O.DIVAKARAN, POKKATTU KIZHAKKATHI, VALLIKUNNAM,
ALAPPUZHA DIST, NOW R/A.AIKKARAYIL, MANAPPALLY,
THAZHAVA, KOLLAM,PIN-691395
R1 BY ADV. SRI.ALEX N.MATHEW KOLLAM
R1 BY ADV. SRI.JAMES JOSE
R1 BY ADV. SRI.H.RAMANAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
19.03.2021, ALONG WITH CO.35/2013, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA.No.2321 OF 2012(B)
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942
CO.No.35 OF 2013 IN MACA. 2321/2012
AGAINST THE ORDER/JUDGMENT IN MACA 2321/2012(B) OF HIGH COURT OF
KERALA
PETITIONER:
KRISHNANKUTTY
BY ADV. SRI.ALEX N.MATHEW (KOLLAM)
RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD
R1 BY ADV. SRI.MATHEWS JACOB (SR.)
R1 BY ADV. SRI.MATHEWS JACOB SR.
THIS CROSS OBJECTION/CROSS APPEAL HAVING BEEN FINALLY HEARD
ON 19.03.2021, ALONG WITH MACA.2321/2012(B), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
MACA.No.2321 OF 2012(B)
3
P.V.KUNHIKRISHNAN, J.
===================
MACA No.2321 OF 2012
&
C.O. No. 35 of 2013
===================
Dated this the 19th day of March 2021
JUDGMENT
This is an appeal filed by the 3 rd respondent in
O.P. (MV) No.1548/2007 on the file of 1 st additional Motor
Accidents Claims Tribunal, Kollam. It is a claim petition
filed by the 1st respondent herein under Section 166 of
the Motor Vehicles Act. (Hereinafter the parties are
mentioned in accordance to their rank before the
Tribunal).
2. The short facts are like this:-
The petitioner and his friend were traveling in a
motor cycle bearing Registration No. KL-U 7587 through
the national highway and when they reached near
Kalloormukku a lorry driven by the 2nd respondent came
in a rash and negligent manner and hit the petitioner and
MACA.No.2321 OF 2012(B)
caused serious injuries to him. The petitioner was taken
to Parabrahma Hospital, Oachira and given first aid and
thereafter he was referred to Alappuzha Medical College
Hospital for better treatment. According to the petitioner,
the accident occurred due to the negligence of the
1st respondent and therefore, respondents are jointly and
severally liable to pay compensation to the petitioner.
3. To substantiate the case, Exts.A1 to A19 were
marked on the side of the petitioner. After going through
the evidence and documents, the Tribunal allowed the
claim petition and passed an award of Rs.1,58,800/- with
interest @ 7.5% p.a from the date of application till
realization. There is also a direction to pay the award
amount within two months from the date of award, failing
which it is ordered that, the petitioner is entitled interest
@ 9% per annum. Aggrieved by the quantum of
compensation this appeal is filed by the 3 rd respondent-
insurance company. Insurance company also challenges
the negligence part concluded by the tribunal. The
MACA.No.2321 OF 2012(B)
petitioner filed cross objections in this appeal challenging
the quantum of compensation.
4. Heard the learned counsel for the petitioner
and the learned counsel for the 3rd respondent.
5. The learned counsel for the 3rd respondent
submitted that, the tribunal granted compensation for
disability without any evidence. No disability certificate is
produced. The tribunal without any materials fixed the
disability of the petitioner as 20%.
6. The learned counsel for the petitioner
submitted that, he filed I.A. No. 95/2012 before the
tribunal for examining him by a medical board and
without passing any order in that I.A. the tribunal fixed
the disability. The learned counsel for the petitioner
submitted that, he is entitled more amount as
compensation in different heads.
7. The learned counsel for the insurance company
also contended that, the negligence found on the
2nd respondent is not correct, because the rider of the
MACA.No.2321 OF 2012(B)
motor cycle is also contributed to the negligence.
8. I do not want to make any observations about
the merits of the case. Admittedly, the tribunal fixed the
compensation for disability without any medical records.
No disability certificate is produced by the petitioner. It is
also an admitted fact that, the petitioner filed an
application before the tribunal for examining him by a
medical board. That is not allowed. Even now, the
learned counsel for the petitioner submitted that, he is
ready to appear before the medical board, because his
present condition is pathetic. In the facts and
circumstances of the case, I think, this matter can be
sent back to the tribunal and the tribunal can be directed
to consider this matter afresh. The petitioner can file
fresh petition for examining him by a medical board. If
such an application is filed, the tribunal will allow the
same in accordance with law.
Therefore, this appeal and cross objections are
allowed:-
MACA.No.2321 OF 2012(B)
1. The impugned award dated
30.03.2012 in O.P.(MV) No.1548/2007 on the
file of the 1st Additional Motor Accidents Claims
Tribunal, Kollam is set aside. The Tribunal will
restore O.P.(MV) No. No.1548/2007
2. The petitioner in the claim petition is
free to file a petition for examining him by a
medical board and if such an application is
filed, the tribunal will pass appropriate orders
in it in accordance to law.
3. The tribunal will allow both parties to
adduce further evidence if any.
4. After giving opportunity to adduce
further evidence, the tribunal will dispose of
the claim petition as expeditiously as possible,
at any rate, within a period of six months from
the date of receipt of a copy of judgment.
5. The parties will appear before the
tribunal on 12.04.2021.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
