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Pazhaniswami @ Pazhani

High Court Of Kerala|06 November, 2014
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JUDGMENT / ORDER

The appellant who was walking along the road sustained injuries when a motor cycle, the rider of which was the 2nd respondent, knocked him down. The 1st respondent was the owner and the 3rd respondent allegedly was the insurer. The Tribunal found that there was negligence on the part of the 2nd respondent and that there was no insurance. Accordingly, the second respondent was made liable to pay compensation and the 3rd respondent was exonerated. The appellant is not satisfied with the amount awarded by the Tribunal.
2. Heard.
3. It is submitted that the appellant sustained 15% permanent disability and though he filed an I.A. to re-open the evidence so that he could produce disability certificate, the Tribunal did not pass any order.
M.A.C.A. No.1831/2010 -2-
4. I think this is a fit case to give an opportunity to the appellant to adduce evidence to prove his allegation that he has permanent disability.
In the result, this appeal is allowed. The award passed by the Tribunal is set aside. The matter is remanded. The Tribunal shall give an opportunity to the appellant to adduce evidence to prove that he has permanent disability. The matter shall be disposed of within six months if possible.
Sd/-
K. ABRAHAM MATHEW, JUDGE //True Copy// P.A. To Judge jjj
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Title

Pazhaniswami @ Pazhani

Court

High Court Of Kerala

JudgmentDate
06 November, 2014
Judges
  • K Abraham Mathew
Advocates
  • Sri Jacob Sebastian