Vasu vs Rajendran
2021 Latest Caselaw 9232 Ker

               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.168 OF 2009

  AGAINST THE AWARD IN OPMV 1336/2001 DATED 04-04-2008 OF MOTOR
             ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA

APPELLANT/S:

               VASU
               AGED 49 YEARS
               S/O.KALLATTUVALAPPIL PAPPUKKUTTAN,RESIDING AT
               CHITTISSERY.P.O,AMBALLUR, THRISSUR, DISTRICT.

               BY ADVS.
               SRI.V.CHITAMBARESH (SR.)
               SRI.P.S.APPU
               SRI.JIBU P THOMAS

RESPONDENT/S:
       1      RAJENDRAN
              S/O.THOTTATHIL KUMARAN,RESIDING AT
              NOOLWALLY,MATTATHUR, THRISSUR DIST.

      2        RAJEEVAN.T.V.
               S/O.THEKKOODAN VASU,RESIDING AT MURIKKINGAL,
               MATTATHUR, THRISSUR DIST.

      3        THE NEW INDIA ASSURANCE CO.LIMITED,
               BRANCH OFFICE, IRINJALAKUDA,THRISSUR DIST.

      4        NADIRA MOHAMMEDKUTTY
               KANNANAMKULAM HOUSE, KARUPADANNA, THRISSUR DIST.

               R1 BY ADV. SMT.M.HEMALATHA
               R4 BY ADV. SRI.A.HAROON RASHEED

OTHER PRESENT:
             SMT.M.HEMALATHA FOR R3

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 17-03-2021, THE COURT ON 19-03-2021 DELIVERED THE FOLLOWING:
 MACA.No.168 OF 2009                       2




                               P.V.KUNHIKRISHNAN, J
                       -----------------------------------------------
                              M.A.C.A. No.168 of 2009
                            --------------------------------------
                      Dated this the 19th day of March, 2021


                                      JUDGMENT

The appellant is the petitioner in O.P.(M.V.) No.1336/2001 on the

file of the Motor Accidents Claims Tribunal, Irinjalakuda. It is a claim

petition filed by the appellant under Sec.166 of the Motor Vehicles

Act.

2. The short facts are like this :

On 5.8.2001, the appellant was riding a scooter bearing

registration No.KL-8/L 6754 and at that time, a mini lorry bearing

registration No.KL-8/D 7997 driven by the 2 nd respondent came in a

rash and negligent manner and hit on the scooter and the appellant

sustained serious injuries.

3. To substantiate the case, Exts.A1 to A13 were marked on

the side of the appellant. Ext.B1 is the insurance certificate produced.

The Tribunal after going through the documents and pleadings,

concluded that the appellant is entitled an amount of Rs.95,350/- from

the respondents jointly and severally with interest at the rate of 7%

per annum from the date of petition till realization. Aggrieved by the

quantum of compensation, this appeal is filed.

4. Heard the counsel for the appellant and the counsel for the

3rd respondent.

5. The counsel for the appellant submitted that the Tribunal

awarded only a negligible amount towards disability. When this

matter came up for consideration on 17.3.2021, this Court asked the

counsel for the appellant to verify whether he is ready to appear

before the Medical Board. The learned counsel for the appellant, after

consulting his client submitted today that he is ready to appear before

the Medical Board. The counsel for the appellant also submitted that

he wants to adduce additional evidence also before the Tribunal so

that this matter may be remanded to the Tribunal for fresh

consideration. I also heard the counsel for the 3 rd respondent.

6. After hearing both sides, I think this appeal can be

remanded to the Tribunal for fresh consideration, in accordance to

the law. If an application is filed by the appellant for examining him

by a Medical Board, the Tribunal will allow the same in accordance to

the law. All other questions including the quantum of compensation

are left open.

Therefore, this appeal is allowed.

1) The order dated 4.4.2008 in O.P.(M.V.) No. 1336/2001 on the file

of the Motor Accidents Claims Tribunal, Irinjalakuda is set aside.

2) The Motor Accidents Claims Tribunal, Irinjalakuda is directed to

restore O.P.(M.V.) No.1336/2001.

3) If an application is filed by the appellant for examining him by a

Medical Board, the Tribunal will allow the same and ask him to

appear before the Medical College, Thrissur, after directing the

authorities to constitute a Medical Board.

4) Since this is an old matter, the Tribunal will dispose the claim

petition as expeditiously as possible, at any rate, within 6

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

5) The parties will appear before the Tribunal on 12.4.2021.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS