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Muhammed Irfan V.K

High Court Of Kerala|09 December, 2014
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JUDGMENT / ORDER

Ramachandran Nair, J.
The injured/claimant is the appellant herein. As against his claim of `3,01,000/-, `20,000/- was awarded by the Tribunal.
2. The case of the appellant is that he sustained injuries in an accident, which occurred on 8.7.2013 at about 4.30 p.m. while he was travelling in a motorcycle as a pillion rider from Engapuzha to Perumpally. The offending vehicle was a jeep having registration No.KL-07-J-1870.
3. Learned counsel for the appellant submits that the appellant was treated in the Medical College Hospital, Kozhikode for a period of 18 days and a surgery was also done. It is submitted that the appellant could not produce documentary evidence before the Tribunal, which resulted in the Tribunal awarding an amount of `20,000/-, out of which, `15,000/- is towards pain and sufferings and `3,000/- is towards loss of amenities.
4. We have heard the learned counsel for the respondent also.
5. It is seen from paragraphs 8 and 9 of the award of the Tribunal that except wound certificate, no other documents were made available to the Tribunal. In the wound certificate, it is seen that he had sustained fracture to right part of femur and a lacerated injury. Learned counsel made a fervent plea for giving an opportunity to the appellant to adduce evidence. Learned counsel for the respondent opposes the above request of the learned counsel for the appellant.
6. However, we are of the view that a further opportunity has to be granted to the appellant since he had sustained serious injuries and he was a student at the time of the accident. Therefore, we set aside the award and remand the matter for fresh consideration by the Tribunal.
Parties will appear before the Tribunal on 22.1.2015. Parties are allowed opportunity to adduce evidence. If the amount awarded has already been disbursed by the Tribunal to the appellant, it will be adjusted in the amount arrive in the award to be passed.
This appeal is disposed of as above.
Sd/-
T. R. RAMACHANDRAN NAIR JUDGE Sd/- P.V.ASHA, JUDGE //True copy// P.A. To Judge Jvt
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Title

Muhammed Irfan V.K

Court

High Court Of Kerala

JudgmentDate
09 December, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha
Advocates
  • Sri Avm Salahudin