Kerala High Court
Ratheesh N.P vs Sivasankar K.P on 28 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
MACA NO. 261 OF 2019
AGAINST THE AWARD DATED 26.09.2018 IN OPMV NO.803 OF 2016 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA
APPELLANT/PETITIONER:
RATHEESH N.P.
AGED 31 YEARS
S/O. PRASAD, PADINJAREKUDIYIL HOUSE @ RAJESH BHAVAN,
THRIKKALATHOOR P.O., THRIKKALATHOOR PALLITHAZHAM,
KAVUMPADY, MUVATTUPUZHA, ERNAKULAM.
BY ADV BIJU ABRAHAM
RESPONDENTS/RESPONDENTS:
1 SIVASANKAR K.P.
S/O. PUTTASWAMY GOWDA, KOTTAMARANA HALLI, CHANNEPATANA,
RAMANGARA DISTRICT, KARNATAKA - 562 159.
2 MANAGER,
RELIANCE GENERAL INSURANCE CO., SHUBHASRI MAHENDRA
TOWER, 2ND FLOOR, 11TH MAIN 3RD BLOCK, JAYANAGAR,
BANGLORE - 560 011, KARNATAKA STATE.
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 261 OF 2019
2
JUDGMENT
Dated this the 28th day of June, 2024
This appeal has been filed by the claimant in OP(MV)
No.803 of 2016 on the file of the Motor Accidents Claims
Tribunal, Muvattupuzha. The respondents herein is the
respondents before the Tribunal.
2. According to the appellant, on 25.12.2015, at about 4.00
a.m., while he was travelling in a car bearing registration No.
KL-17/L-386, from Angamaly to Muvattupuzha through
M.C.Road a tempo traveller bearing registration No.KA-51/A-
1646 driven by the first respondent in a rash and negligent
manner hit the appellant's car, in which he had sustained severe
injuries. The appellant approached the Tribunal claiming a total
compensation of ₹19,00,000/-.
3. The respondent-insurer filed a written statement,
admitting the insurance policy, but disputing the quantum of
compensation claimed. Before the Tribunal, no oral evidence
was adduced by the respondents. Exts.A1 to A13 and Ext.C1
documents were marked on the side of the appellant. The
Tribunal, after analysing the pleadings and materials on record,
MACA NO. 261 OF 2019
awarded a sum of ₹5,95,600/- as compensation under different
heads with interest @ 7% per annum from the date of petition,
i.e, 20.08.2016, till realization, against the respondent being
the insurer. Dissatisfied with the quantum of compensation
awarded by the Tribunal, the claimant has come up in appeal.
4. Heard the learned counsel for the appellant and the
learned Standing Counsel for the respondent.
5. When the matter is taken up for consideration today,
the learned Counsel for the appellant submits that though an
amount of Rs.6,90,368 was claimed towards medical expenses,
the Tribunal had awarded only an amount of Rs.2,38,612/-.
6. On a perusal of the award dated 26.09.2018, it is
seen that, no explantion or details has been offered by the
Tribunal in reducing the amount to Rs.2,38,612/-. On a perusal
of Ext.A12 document produced by the appellant before the
Tribunal also reveals that huge amount has been spent by the
appellant for his treatment. Since the Tribunal has not properly
considered the issue regarding medical expenses incurred by
the appellant, after hearing both sides, I am of the opinion that
the matter has to be remanded back to the Tribunal for fresh
MACA NO. 261 OF 2019
consideration.
Accordingly, the award dated 26.09.2018 is set aside and
the Tribunal is directed to re-consider the entire matter afresh,
also, taking into account Ext.A12 medical bills.
The appeal is disposed of accordingly.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
