LAWS(KER)-2007-2-12

RANI Vs. RAJA RATHANA RAMASWAMY

Decided On February 12, 2007
RANI Appellant
V/S
NEW INDIA ASSURANCE COMPANY LTD Respondents

JUDGEMENT

(1.) 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.