Yasir vs The New India Assurance Company Ltd
2024 Latest Caselaw 32504 Ker

Kerala High Court

Yasir vs The New India Assurance Company Ltd on 8 November, 2024

                                               2024:KER:88129




         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
      THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
                   MACA NO. 2895 OF 2014
      AGAINST THE AWARD DATED 02.01.2014 IN OP(MV) NO.146
OF 2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL VATAKARA

APPELLANT/PETITIONER:

          YASIR
          AGED 25 YEARS, S/O. MUHAMMED,
          MANAPPURATH HOUSE, THURAYOOR AMSOM AND DESOM,
          KOYILANDY TALUK.

          BY ADVS.
            SRI.U.P.BALAKRISHNAN
            SRI.K.R.AVINASH (KUNNATH)


RESPONDENT/RESPONDENT:

          THE NEW INDIA ASSURANCE COMPANY LTD
          BRANCH OFFICE, AL-MUBARAK BUILDING, EDODI,
          VATAKARA, KOZHIKODE-673 101.

          BY ADV
            SRI.N.S.MOHAMMED USMAN- STANDING COUNSEL

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 08.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                                      2024:KER:88129
M.A.C.A. No.2895 of 2014
                                  2

                             JUDGMENT

The appeal is filed by the claimant before the Motor

Accidents Claims Tribunal, Vatakara, challenging the award

dated 02.01.2014 in OP(MV) No.146 of 2011, being dissatisfied

with the quantum of compensation awarded by the tribunal. The

respondents herein are the respondents before the tribunal.

2. Today, when the case was taken up for hearing, the

learned counsel for the appellant submitted that the appellant

has produced bills for treatment as Annexure A1 series in this

appeal. The learned counsel for the appellant submitted that he

could not produce those bills before the tribunal since it was not

in his possession and could not be traced out. Subsequently

after the filing of this appeal, documents were traced out and

the appellant has produced the bills as Annexure A1 series.

3. The learned Standing Counsel for the insurance

company filed a counter affidavit contending that total 12 bills

and one certificate were produced and out of the 12 bills, seven

are of the year 2014 which were available with the appellant at

the time of filing the appeal. The learned Standing Counsel 2024:KER:88129

submitted that the total amount of additional bills is

Rs.44,894/-, but the certificate issued from the hospital now

produced is suspicious as the handwriting in the certificate is

different.

4. Heard the learned counsel for the appellant and the

learned Standing Counsel for the respondent insurer.

5. On consideration of the facts, it is seen that pursuant to

the filing of the appeal, the appellant had produced Annexure A1

series bills totaling to an amount of Rs.44,894/- which were not

produced before the tribunal. Since, these bills were not

produced before the tribunal, the claimant as well as the

respondent did not get an opportunity to adduce evidence on

the additional bills produced before this Court. The learned

counsel also sought for enhancement of compensation.

Accordingly, I find that the award can be set aside and the

matter can be remanded back to the tribunal for fresh

consideration. The tribunal shall decide as to whether the claim

now put forward by the claimant is genuine or not after 2024:KER:88129

permitting both sides to adduce fresh evidence. Both sides shall

be afforded the opportunity to adduce further evidence.

Accordingly, the matter is remanded back to the tribunal

for fresh consideration. The award dated 02.01.2014 in OP

(MV) No.146 of 2011 of MACT, Vatakara is hereby set aside.

Both sides are directed to appear before the tribunal on

10.12.2024. Since the accident is of the year 2010, the tribunal

shall consider the matter afresh and dispose of the same in

accordance with law as expeditiously as possible. The Registry is

directed to return all documents produced before this Court to

the appellants.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

S.M.K. 2024:KER:88129

APPELLANT'S ANNEXURES

Annexure A1 MEDICAL BILLS series