Kerala High Court
Rajan vs Subramanian on 22 October, 2024
2024:KER:78685
MACA No.2669/2015 & con.cases
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
MACA NO. 2669 OF 2015
OPMV NO.898 OF 2010 OF MACT, PALAKKAD
APPELLANTS/PETITIONERS:
1 RAJAN, AGED 47 YEARS
S/O. LATE MADHAVAN, RESIDING AT MADHAVAM, MUNDUR,
PALAKKAD.
2 USHAKUMARI, AGED 41 YEARS
W/O. RAJAN, RESIDING AT "MADHAVAM", MUNDUR, PALAKKAD.
BY ADVS.
S.PRASANTH (AYYAPPANKAVU)
VARSHA BHASKAR
RESPONDENTS/RESPONDENTS:
1 SUBRAMANIAN, S/O. VELAYUDHAN, ERAPAKAL VEEDU, MATHUR,
KOTTAYI, PALAKKAD. (DRIVER OF KL-7/F 3726).
2 K.PRAKASAN, S/O. KUPPANDI, VALIYAKULAM HOUSE,
KODUNTHIRAPULLY, PALAKKAD. (OWNER OF KL-7/F 3726).
3 UNITED INDIA INSURANCE CO. LTD.
PALAKKAD, (INSURER OF KL-7/F 3726), (POLICY
NO.101200/31/7/02/00015).
BY SRI.THOMAS MATHEW NELLIMOOTTIL, SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 22.10.2024 ALONG WITH MACA.520/2017 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:78685
MACA No.2669/2015 & con.cases
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
MACA NO. 520 OF 2017
OPMV NO.1168 OF 2010 OF MACT, PALAKKAD
APPELLANT/PETITIONER:
SALIKUMAR, AGED 42 YEARS
S/O. LATE KESAVAN,KESAVA NIVAS, MUNDUR, PALAKKAD
BY ADVS.
SRI.S.PRASANTH (AYYAPPANKAVU)
SMT.VARSHA BHASKAR
RESPONDENTS/RESPONDENTS:
1 SUBRAMANIAN
S/O. VELAYUDHAN, ERAPAKAL VEEDU, MATHUR, KOTTAYI,
PALAKKAD (DRIVER OF KL 7F 3726)
2 K PRAKASAN
S/O. KUPPANDI, VALIYAKULAM HOUSE, KODUNTHIRAPULLY,
PALAKKAD (OWNER OF KL 7F 3726)
3 UNITED INDIA INSURANCE CO.LTD
PALAKKAD (INSURER OF KL7F 3726), (POLICY NO
101200/31/7/02/00015)
BY SRI.THOMAS MATHEW NELLIMOOTTIL, SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 22.10.2024 ALONG WITH MACA.2669/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:78685
MACA No.2669/2015 & con.cases
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
MACA NO. 2670 OF 2015
OPMV NO.981 OF 2010 OF MACT, PALAKKAD
APPELLANT/PETITIONER:
1 USHAKUMARI, AGED 41 YEARS
W/O RAJAN MADHAVAM MUNDUR PALAKKAD
2 SALIKUMAR, AGED 36 YEARS
S/O LATE KESAVAN, KESAVA NIVAS MUNDUR PALAKKAD
BY ADVS.
S.PRASANTH (AYYAPPANKAVU)
SMT.VARSHA BHASKAR
RESPONDENTS/RESPONDENTS:
1 SUBRAMANIAN, S/O VELAYUDHAN, ERAPAKAL VEEDU, MATHUR,
KOTTAYI, PALAKKAD(DRIVER OF KL 7F 3726)
2 K PRAKASHAN, S/O KUPPANDI, VALIYAKULAM HOUSE,
KODUNTHIRAPULLY, PALAKKAD(OWNER OF KL 7F 3726)
3 UNITED INDIA INSURANCE CO LTD, PALAKKAD, (INSURER OF KL
7F 3726) (POLICY NO101200/31/7/02/00015)
BY ADVS.
BINOY VASUDEVAN
SRI.THOMAS MATHEW NELLIMOOTTIL, SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 22.10.2024 ALONG WITH MACA.2669/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:78685
MACA No.2669/2015 & con.cases
..4..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
MACA NO. 3125 OF 2015
OPMV NO.982 OF 2010 OF MACT, PALAKKAD
APPELLANT/PETITIONER:
VILASINI, AGED 31 YEARS
W/O.SALIKUMAR, KESAVA NIVAS, MUNDUR, PALAKKAD.
BY ADVS.
SRI.S.PRASANTH (AYYAPPANKAVU)
SMT.VARSHA BHASKAR
RESPONDENTS/RESPONDENTS:
1 SUBRAMANIAN, S/O.VELAYUDHAN
ERAPAKAL VEEDU, MATHUR, KOTTAYI, PALAKKAD (DRIVER OF KL
7F 3726).
2 K.PRAKASAN
S/O.KUPPANDI, VALIYAKULAM HOUSE, KODUNTHIRAPULLY,
PALAKKAD (OWNER OF KL 7F 3726).
3 UNITED INDIA INSURANCE CO.LTD.
PALAKKAD (INSURER OF KL7F 3726), (POLICY
NO.101200/31/7/02/00015).
BY ADV SRI.BINOY VASUDEVAN
SRI.P.K.MANOJKUMAR, SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 22.10.2024 ALONG WITH MACA.2669/2015 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:78685
MACA No.2669/2015 & con.cases
..5..
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MACA Nos.2669/2015, 520/2017, 2670/2015 & 3125/2015
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JUDGMENT
All these appeals arise from the very same accident that
occurred on 12.02.2009. Since the cause of action is the same, these
appeals are heard together and being disposed of by this common
judgment.
2. The appellants in these appeals are the claimants in
OP(MV) Nos.898 of 2010, 981 of 2010, 982 of 2010 and 1168 of 2010 on
the files of the Motor Accidents Claims Tribunal, Palakkad. They have
come in appeal, seeking enhancement of compensation awarded by the
tribunal and also challenging the finding of the tribunal, attributing
contributory negligence in the ratio of 50:50 on the part of the driver of
both vehicles involved in the accident, and the finding that the claimants
are entitled to realize only 50% of the compensation amount awarded by
the tribunal.
3. During the pendency of the appeals, the appellants
have produced additional documents before this Court along with
2024:KER:78685
MACA No.2669/2015 & con.cases
..6..
interim applications to prove the accident/negligence, income,
percentage of disability etc. The learned counsel for the appellants
submits that they were not able to produce those documents, which are
relevant for assessing compensation, before the tribunal before passing
the impugned awards.
4. According to the learned Standing Counsel for the
respondent insurer, the appellants had not produced any relevant
document before the tribunal for assessing compensation and hence,
they are not entitled to get any relief as prayed for in this appeal. It is
further submitted that even the charge sheet was produced only in the
appellate stage before this Court.
5. On a perusal of the documents and materials on
record, it is seen that the documents now produced include the charge
sheet as well. It appears that the tribunal passed the impugned award in
the absence of the relevant documents to prove the accident/negligence,
disability, income etc. Hence, considering the merits and facts of the
case, I am of the opinion that the matter has to be remanded back to the
tribunal for considering the matter afresh.
Accordingly, the appeals are disposed of, as follows;
a) The impugned awards in OP(MV) Nos.898/2010, 981/2010,
2024:KER:78685
MACA No.2669/2015 & con.cases
..7..
982/2010 and 1168/2010 on the files of the Motor Accidents
Claims Tribunal, Palakkad, are hereby set aside.
b) The tribunal is directed to reconsider the matter afresh taking into
consideration the additional documents produced before this Court
along with interim applications.
c) The parties are directed to appear before the tribunal on
25.11.2024. The parties are at liberty to adduce fresh evidence, if
any, before the tribunal.
d) The tribunal shall dispose of the matter within a period of six
months from the date of appearance of the parties.
e) The Registry is directed to issue certified copies of the Medical
Reports produced before this Court by the Superintendent of the
District Hospital, Palakkad to the appellants in MACA
Nos.3125/2015 & 520/2017.
f) The Registry is further directed to return to the appellants all
documents produced in these appeals, including original
documents, on proper application.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
