Kerala High Court
Shahida Alias Shajitha Beevi vs The Managing Director on 11 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
MACA NO. 1714 OF 2013
FILED UNDER SECTION 173 MOTOR VEHICLES ACT AGAINST THE AWARD DATED
30.03.2013 IN OPMV 536/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL
,ATTINGAL
APPELLANT/APPLICANT:
ZEENATH
PLAVILA MOHAMMED MANZIL, URAKKADA P.O.,
ATTINGAL,THIRUVANANTHAPURAM.
BY ADVS.
SRI.R.T.PRADEEP
SRI.J.ROBINSON
RESPONDENT/RESPONDENT:
THE MANAGING DIRECTOR
K.S.R.T.C, TRANSPORT BHAVAN, EAST
FORT,THIRUVANANTHAPURAM.
BY ADVS.
ALEX ANTONY SEBASTIAN P.A.
GOPI KRISHNAN NAMBIAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA No. 1714 of 2013 and MACA No. 1717 of 2013
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
MACA NO. 1717 OF 2013
FILED UNDER SECTION 173 OF MOTOR VEHICES ACT AGAINST THE
AWARD DATED 30.03.2013 IN OPMV 537/2006 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,ATTINGAL
APPELLANT/APPLICANT:
SHAHIDA ALIAS SHAJITHA BEEVI
ALUVILA VEEDU, CHANTHAVILA, SAINIK SCHOOL P.O,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.R.T.PRADEEP
SRI.J.ROBINSON
RESPONDENT/RESPONDENT:
THE MANAGING DIRECTOR
K S R T C TRANSPORT BHAVAN, EAST FORT,
THIRUVANANTHAPURAM.
BY ADVS.
ALEX ANTONY SEBASTIAN P.A.
GOPI KRISHNAN NAMBIAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA No. 1714 of 2013 and MACA No. 1717 of 2013
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M.R.ANITHA, J.
-----------------------------------------
MACA.No. 1714 of 2013
and
MACA.No. 1717 of 2013
----------------------------------------
Dated this the 11th day of January, 2022
JUDGMENT
Appellants are claimants in OPMV.Nos.536/2006 and
537/2006 on the file of Motor Vehicle Accident Claims Tribunal,
Attingal. Both claim petitions were dismissed as per common
judgment dated 30.03.2013. Against which the above appeals are
filed.
2. Heard on both sides.
3. When the matter came up for hearing, the learned
counsel for the appellants would submit that the claim petitions in
both OPMVs happend to be dismissed by the Tribunal for the
reason that Ext.A6 copy of FIR, Ext.A7 copy of scene mahazar and
Ext.A8 copy of charge sheet are documents relating to the crime
No.93/2005 of Valiyamala Police Station, whereof a motor accident
MACA No. 1714 of 2013 and MACA No. 1717 of 2013
have taken place involving a motor cycle bearing Registration
No.KL-16/A-1593 ridden by one Mohanan carrying one Srikumar
on its pillion. Hence documents are not related to the accident in
question.
4. The allegation of the claimants in the above claim
petitions is that while they were travelling in a KSRTC bus bearing
Registration No. KL-15/3453 (TS 5351), the driver of the KSRTC
bus driven the bus in a rash and negligent manner through
Thiruvananthapuram to Kazhakuttom NH road and when the
vehicle reached a place near Karayavattom bridge at 5.10 p.m. on
04.03.2006, the driver of KSRTC bus lost control over the vehicle
and rammed against a motor car parked on the side of the road
whereby the claimants/appellants sustained grievous injuries.
5. The judgment passed by the Tribunal would go to
show that the produced documents are related to another crime. It
is submitted by the learned counsel for the appellant that it was a
mistake in producing the documents. Hence in MACA
No.1714/2013, appellant produced attested copy of the charge
sheet in Crime No.93/2006 of Kazhakuttom Police Station along
MACA No. 1714 of 2013 and MACA No. 1717 of 2013
with I.A.No.2372/2013. That I.A stands allowed as per order dated
11.01.2022 and the additionally produced copy of the charge sheet
is marked as additional Ext.A16.
5. In the above backdrop, the impugned awards passed
by the Tribunal in OPMV No.536/2006 and OPMV No.537/2006 are
here by set aside and the case is remanded to the Motor Accident
Claims Tribunal, Attingal for fresh disposal on merits in the light of
the additional document produced from the side of the
appellants/claimants.
In the result, MACA Nos. 1714/2013 and 1717/2013 are
allowed, the impugned common award is set aside and cases are
remanded to the Tribunal for fresh consideration. The parties shall
appear before the Tribunal on or before 07.02.2022. On such
appearance the Tribunal shall dispose the case as expeditiously as
possible not later than 3 months from the date of appearance.
SD/-
M.R.ANITHA
JUDGE
rps/
