The appellant is faced with an unfortunate situation wherein his legitimate claim for compensation on account of injuries sustained in a motor vehicle accident, has been unnecessarily thrown to the dust bin through a perverse judgment passed by the Motor Accidents Claims Tribunal, Manjeri, in O.P.(M.V.) No.746 of 2008. 2. Heard the learned counsel for the appellant and the learned standing counsel for the third respondent.
3. The petitioner was a pillion rider of a motor cycle. The rider had to apply sudden brake as a dog unexpectedly jumped across the road, thereby he lost his control over the vehicle and it skidded and fell on the road, thereby resulting in serious injuries to the appellant, who was the pillion rider. He approached the learned Tribunal with the O.P. seeking compensation. The learned Tribunal has taken the view that the pillion rider is not entitled to any compensation in the matter, for reasons best known to the learned Tribunal only. The reasonings adopted by the Tribunal in paragraph 7 are not worth mentioning. All the observations and findings in the impugned judgment are perverse and illegal. Even though the appellant has sustained very serious injuries as it is proved by him, some meager amount of compensation were also arrived at, even though it was not granted. Those findings are also liable to set aside. The entire matter requires re-consideration, for which the matter has to be remitted to the Tribunal for fresh consideration in accordance with law.
In the result, this appeal is allowed and the impugned judgment is set aside. The O.P.(M.V.) is restored and the same is remitted back to the Tribunal for fresh disposal in accordance with law. The parties shall appear before the learned Tribunal on 3.7.2014. As the matter is an old one, the learned Tribunal shall dispose of the matter as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.p Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge