Kerala High Court
Jagadambika vs Ningaiah H.S on 4 April, 2013
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
THURSDAY, THE 4TH DAY OF APRIL 2013/14TH CHAITHRA 1935
MACA.No. 1457 of 2011 (E)
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AGAINST THE AWARD DTD.17.3.2011 IN OPMV.1187/2007 of M.A.C.T.,
PERUMBAVOOR
APPELLANT/PETITIONER IN OPMV:
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JAGADAMBIKA, W/O.PARAMESWARAN,
SREE PARTHASARATHI, PARUR KAVALA, THOTTAKKATTUKARA
ALUVA.
BY ADVS.SRI.GOPAKUMAR G. (ALUVA)
SMT.ANUPAMA JOHNY
RESPONDENTS/RESPONDENTS IN OPMV:
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1. NINGAIAH H.S., NO.C-76/77, SPEED
COMPLEX, KANTEERARA STUDIO, MAIN ROAD
YESWANTHPUR, BANGLORE-560022.
2. H.R.DINESH, S/O.RUDRE GOWDA,
P.O.HASSAN DIST., KARNATAKA STATE, PIN-591310.
3. THE NEW INDIA INSURANCE CO.LTD.,
SCP 104-106, SECTOR 34 A, CHANDIGARH
PIN-799115.
R3 BY ADV. SRI.KKM.SHERIF
R3 BY ADV. SRI.LAL K.JOSEPH
R3 BY ADV. SRI.A.A.ZIYAD RAHMAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
04-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
HARUN-UL-RASHID, J.
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M.A.C.A.No.1457 Of 2011
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Dated this the 4th day of April, 2013.
J U D G M E N T
The claimant in O.P.(MV).No.1187/2007 on the file of the Motor Accidents Claims Tribunal, Perumbavoor, is the appellant. The appeal is directed against the award dated 17.3.2011 passed in the said O.P. The Tribunal dismissed the claim petition. Hence the appeal. Parties hereinafter are referred to as arrayed in the claim petition.
2. Claimant's case is that on 14.6.2007 at about 3:00 am, the offending lorry hit on the compound wall of the house of the claimant and caused damages to the wall, gate and gate pillar. The surveyor submitted Ext.A6 assessment report. the surveyor assessed damages for the compound wall as ` 73,550/-. The surveyor was examined as PW1. The claimant produced Exts.A1 to A8. However, the Tribunal dismissed the claim petition stating the reason that the claimant has not produced any documents to show that she was the owner of the building. The insurance company alone contested the case. The insurance company did not deny the title to the property. In the written ::2::
M.A.C.A.No.1457 Of 2011 statement it is inter alia contended that the claimant has to prove the ownership of the building. In the light of the contentions raised by the insurance company the claimant has to prove the ownership of the compound wall. Therefore, this Court is of the view that an opportunity shall be given to the claimant to produce the documents evidencing title to the property. In the facts and circumstances the matter requires reconsideration.
In the result, the appeal is allowed. The impugned award is set aside. The Tribunal shall consider and dispose of the case afresh. The finding of the Tribunal that the accident occurred due to rash and negligent driving of the 2nd respondent is confirmed. The parties are at liberty to adduce additional evidence, if so advised. The Tribunal shall dispose of the case within a period of six months from the date of appearance of the parties. The appellant and 3rd respondent shall appear before the Tribunal on 30.4.2013. The counsel shall inform the parties.
HARUN-UL-RASHID, Judge.
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