Jamsheera vs Narayanan
2022 Latest Caselaw 11370 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 2ND DAY OF DECEMBER 2022/11TH AGRAHAYANA, 1944
                      RP NO.1055 OF 2022
  AGAINST THE JUDGMENT IN MACA 37/2013 OF HIGH COURT OF
                    KERALA DATED 31.08.2022
PETITIONER/APPELLANT:

         JAMSHEERA
         AGED 28 YEARS
         D/O.JAMEELA, SRAMPIKKAL HOUSE, MANNUR P.O.,
         PALAKKAD DISTRICT- 678642.
         BY ADV L.RAJESH NARAYAN


RESPONDENTS/RESPONDENTS:

    1    NARAYANAN
         2/228, PUTHANPURAKKAL HOUSE, KOTTAKKUNNU,
         MANNUR
         WEST P.O., PALAKKAD-678642
    2    SUSEELA
         W/O.NARAYANAN, 2/228, PUTHANPURAKKAL HOUSE,
         KOTTAKKUNNU, MANNUR WEST P.O., PALAKKAD-678642.
    3    NATIONAL INSURANCE CO. LTD.
         CONNAUGHT PLACE, NEW DELHI-110001.
         BY ADV S.K.AJAYAKUMAR

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
02.12.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 R.P No.1055 of 2022                      2



                            SOPHY THOMAS, J.
                      ------------------------------------
                          R.P No.1055 of 2022 IN
                            MACA No.37 of 2013
                      ------------------------------------
             Dated this the 2nd day of December, 2022

                                  ORDER

This is a review petition filed by the appellant in

MACA No.37 of 2013, to remove the specific direction in the

appeal judgment that the appellant shall produce the wound

certificate before the Tribunal, to prove the injuries and the

accident.

2. As per the judgment dated 31.08.2022 in the above

MACA, this Court set aside the impugned award and remanded

the matter to the Tribunal for affording an opportunity to the

appellant/claimant to prove that, she sustained injuries

mentioned in Exts.A6 and A7 discharge cards in the road traffic

accident occurred on 17.01.2008, by producing the wound

certificate, and also by proving the cause of injury. There was

a direction to the Tribunal to dispose the case within a period

of two months from the date of appearance of the parties, and

this Court directed the parties to appear before the Tribunal on

14.09.2022.

3. Learned Tribunal, vide letter dated 07.11.2022,

sought extension of two months' time from 13.11.2022 to

dispose OP (MV) No.539 of 2009. This Court, as per order

dated 11.11.2022, granted extension of one month's time

from 11.11.2022 to dispose the above OP(MV). There was

further direction that, if the claim petitioner fails to produce

any documents or evidence, as directed by this Court in the

judgment dated 31.08.2022 in MACA No.37 of 2013, the

Tribunal shall dispose the case accordingly within the extended

period of one month.

4. Now the present review petition is to review

Annexure A1 judgment in MACA No.37 of 2013 to remove the

specific direction in the judgment to produce the wound

certificate, and also to direct the Motor Accidents Claims

Tribunal, Palakkad, to decide the case based on available

evidence and any further evidence to be adduced by the

claimant, without insisting for production of the wound

certificate.

5. The prayer in the instant review petition is beyond the

scope of review under Order XLVII Rule 1 read with

Section 114 of the Code of Civil Procedure, 1908. The specific

direction given by this Court in MACA No.37 of 2013 cannot be

removed or deleted, so as to exempt her from producing the

prime document to prove the injuries and the accident. So,

this Court finds no bonafides in this review petition and hence

it is liable to be dismissed.

In the result, this review petition stands dismissed.

Registry of this Court to forward a copy of this order to

the Tribunal concerned forthwith by e-mail attachment and the

Tribunal shall dispose the O.P (MV) No.539 of 2009 within the

time stipulated in the order dated 11.11.2022 and compliance

to be reported.

Sd/-

SOPHY THOMAS JUDGE

smp

APPENDIX OF RP 1055/2022

PETITIONER ANNEXURES Annexure A-1 CERTIFIED COPY OF THE JUDGMENT DATED 31.08.2022 IN MACA NO. 37/2013 Annexure A-2 TRUE COPY OF THE APPLICATION DATED 07.10.2022 TO SUMMON THE HOSPITAL CASE SHEET Annexure A-3 TRUE COPY OF THE APPLICATION DATED 07.10.2022 TO SUMMON THE WOUND CERTIFICATE Annexure A-4 TRUE COPY OF THE AFFIDAVIT DATED 25.10.2022 Annexure A-5 TRUE COPY OF THE COMMUNICATION DATED 29.10.2022

True Copy

P.S to Judge

smp