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RANI, AGED 36 YEARS, W/O.AJJAN versus RAJA RATHANA S/O. RAMASWAMY

High Court of Kerala

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RANI, AGED 36 YEARS, W/O.AJJAN v. RAJA RATHANA S/O. RAMASWAMY - MACA No. 170 of 2003 [2007] RD-KL 3162 (12 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA No. 170 of 2003()

1. RANI, AGED 36 YEARS, W/O.AJJAN,
... Petitioner

2. PRABHU AGED 22 YEARS,

3. PRAKASH, AGED 18 YEARS, S/O. AJJAN,

4. PRADEEDH, AGED 15 YEARS (MINOR)

Vs

1. RAJA RATHANA S/O. RAMASWAMY,
... Respondent

2. S.RASALIMKAM S/O. SUBRAMANIYAN,

3. NEW INDIA ASSURANCE COMPANY LTD.,

4. SHAJAHAN V.K. S/O. BEERAN,

5. MURUKAN, S/O. SAMUAL NADAR,

For Petitioner :SRI.P.K.RAMKUMAR

For Respondent :SRI.AJITH R. MENON

The Hon'ble MR. Justice P.R.RAMAN The Hon'ble MR. Justice S.SIRI JAGAN

Dated :12/02/2007

O R D E R

P.R. Raman & S. Siri Jagan, JJ.
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M.A.C.A. No. 170 of 2003
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Dated this, the 12th February, 2007.

J U D G M E N T

Raman, J.

Claimant is the appellant. The challenge was against the judgment of the M.A.C.T., Manjeri dated 6-2-2003 passed in O.P(MV) No. 1275/2001.

2. We have perused the award passed. We find that the award is far from satisfactory. The Tribunal did not even enter any finding as to whether there was any negligence and if so, what is the compensation to be awarded under each heads. By a cryptic order, the Tribunal has awarded Rs. 1,50,000/- as compensation without any discussion or reference to the material produced in the case. When a claim petition is filed before the M.A.C.T., the Tribunal is expected to adjudicate on the claim based on the evidence adduced by the parties. In this case, as we have already observed, no attempt was made to refer to any piece of evidence. In the result, we set aside the award and remand the case to the Tribunal for fresh consideration in accordance with law, and dispose of the same expeditiously as possible. Both sides will be given opportunity to adduce additional evidence. The parties shall appear before the Tribunal on 22-3-2007. The appeal is disposed of as above.

Sd/- P.R. Raman, Judge.

Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge. P.R. Raman & S. Siri Jagan, JJ.
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M.A.C.A. No. 170 of 2003
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J U D G M E N T

12th February, 2007.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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