IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 MACA.No. 163 of 2003() ---------------------- OPMV.858/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER ------------ PRAJEESH, S/O.PRADEEP KUMAR, MINOR, 12 YEARS, REPRESENTED BY GUARDIAN FATHER, PRADEEP KUMAR.K.V., KANJIHRATHINAL HOUSE, EDAKKARA P.O., BY ADV. SRI.M.P.MUHAMMAD FAZIL SRI.A.MOHAMED MUSTAQUE RESPONDENTS: RESPONDENTS ------------------ 1. THOTTAKKARA HAMZA, S/O.SULAIMAN, VAZHIKKADAVU P.O., 2. RASHEED, S/O.KUNHIMOHAMMED HAJI, MEEDATHERI HOUSE, PAPPINIAPPARA P.O., MANJERI. 3. THE NEW INDIA ASSURANCE CO.LTD., MANJERI. R3 BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No. 163 of 2003 ------------------------------- Dated this the 25th January, 2008. J U D G M E N T Petitioner in O.P.(M.V.) No.858/2002, on the file of the Motor Accidents Claims Tribunal, Manjeri, is the appellant. The appeal is filed against an award passed by the Tribunal awarding compensation of Rs.15,000/= to the appellant. The appellant is a minor. The appellant through his next friend filed an original petition claiming compensation, on account of the injuries sustained by him. It was averred that on 3.1.1999, while the appellant was walking along the extreme right margin of the Karunechi-Edakkara public road, an auto rickshaw bearing Registration No.KL-10/G 419, driven by the first respondent, in a rash or negligent manner, came from the opposite direction and hit against the appellant. He sustained serious injuries. According to the appellant, he was thrown away to the road side and sustained compound fracture of both bones of left leg and several other injuries. He filed the original petition on 31.5.2002 claiming a compensation of Rupees One Lakhs. No written objection was filed by the Insurance Company. The Tribunal took up the matter and suo MACA. No.163/2003 2 motu passed an award granting an amount of Rs.15,000/= to the appellant. Complaining that the compensation awarded is highly inadequate, this appeal is filed by the petitioner himself. 2. According to the appellant, he sustained the injury at abut 5.30 p.m., on 3.1.1999 and admitted in the hospital. He was discharged from the hospital on 12.1.1999. The appellant filed the Original Petition claiming compensation on 31.5.2002. It was taken on file on 3.6.2002. Notice was ordered to the respondents. On 9.8.2002, respondents 2 and 3 appeared and sought time for filing a written statement, and the case was adjourned to 12.2.2003. In the meanwhile, the case was suo motu advanced and was disposed of granting an amount of Rs.15,000/= as compensation. 3. A perusal of the award shows that appellant and his counsel were absent. There is nothing on record to show the respondents were present in the court. The Tribunal had recorded that Insurer has agreed to the court below for passing a non-speaking award. Absolutely, no justification, what so ever, is stated for MACA. No.163/2003 3 granting a total compensation of Rs.15,000/=. So, the order of the Tribunal passing award after giving an opportunity to the appellant is unsustainable, and hence, liable to be set aside. Accordingly, I do so. In the result, the appeal is allowed. The award passed by the Motor Accidents Claims Tribunal, Manjeri, in O.P.(M.V.) No.858/2002 is hereby set aside. The Original Petition is remanded back to the Tribunal. The Tribunal is directed to take back O.P.(M.V.) and dispose of the same afresh, in accordance with law, after giving an opportunity to both sides to adduce evidence. Parties shall appear before the Tribunal on 3.3.2008. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- M.A.C.A.No.163 of 2003 J U D G M E N T Dated:25th January, 2008. -------------------------------