Hamza Ajampulan @ A.
Beerankutty Vs. Edathodi Abdul Nazer  INSC 1234 (28 July 2008)
JURISDICTION CIVIL APPEAL NO. 4746 OF 2008 (Arising out of S.L.P.(C)
No.9519/2006) HAMZA ADAMPULAN @ A. BEERANKUTTY ... APPELLANT(S) :VERSUS:
Having heard the
learned counsel for the parties and having regard to the duty cast on the Motor
Accident Claims Tribunal to arrive at an amount providing 'just compensation'
to the claimant and in the peculiar facts and circumstances of this case, we
are of the opinion that an opportunity should be given to the appellant to adduce
additional evidence which has been produced before us. It furthermore appears
that the learned Tribunal and consequently the High Court had not adverted to
the question as to how much amount the appellant used to remit to his family
members from Kuwait.
We, therefore, set
aside the impugned judgment of the High Court as also the award of the Tribunal
and remit the matter to Motor Accidents Claims Tribunal, Manjeri, for the
purpose of determining the amount of additional compensation to which they may
be found entitled to.
-2- The parties
shall be entitled to adduce additional evidence.
It would be open to
the appellant to file appropriate application before the Tribunal for early
hearing of the matter, which may be considered on its merits.
The appeal is
disposed of accordingly.
DELHI, JULY 28, 2008.