IMPORTANT POINT
The cause title of all proceedings filed before this Court, including an appeal filed under Section 173 of the Motor Vehicles Act, shall contain the correct and complete postal address of the parties with correct pin code and no proceedings shall be received without correct and complete postal address of the parties. Every notice sent by registered post with Acknowledgment Due shall bear the name and address of the sender and accompanied by a prescribed form of acknowledgment duly filled in [which shall bear the name and the correct and complete address of the sender and the addressee] and securely fastened to such article. The Registry shall ensure strict compliance of the statutory requirements of Rule 51 of the Rules of the High Court of Kerala, read with Rule 64 of the Indian Post Office rules, 1933, in all proceedings filed before this Court.

ORDER :

F.No.47696 of 2019:-

The appellant is the claimant in O.P.(MV)No.1052 of 2015 on the file of the Motor Accidents Claims Tribunal, Kottayam, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained in a motor accident, which occurred on 11.05.2015, involving a motorcycle bearing registration No.KL-04/AG-6474, owned and ridden by the 1st respondent and insured with the 2nd respondent, while he was walking on the side of Pala - Ettumanoor Road. At the place of accident, the appellant was knocked down by the motorcycle ridden by the 1st respondent, as a result of which he sustained injuries. Alleging that the accident occurred due to the rash and negligent riding of the motorcycle by the pt respondent rider, claim petition was filed before the Tribunal, claiming a total compensation of Rs. 5,00,000/ - under various heads.

2. In O.P.(MV)No.1052 of 2015, the Tribunal passed an award dated 08.07.2019, awarding a total compensation of Rs.2,38,880/-, together with interest at the rate of 8.5% per annum from the date of petition, i.e., 08.07.2019 tilt realisation, with proportionate cost.

3. Dissatisfied with the quantum of compensation, the appellant is before this Court in this appeal filed under Section 173 of the Motor Vehicles Act. The description of the appellant and the respondents in the cause title of the memorandum of appeal is as follows;

Appellant/petitioner: -

Shaji @ Shaji V.D.,

Vattakattu House,

Kurumulloor P.O.,

Kanakkary, Kottayam.

Respondents/Respondents: -

1. Arjun R., S/o. Rajan V.,

Chennisheriveliyil House,

North Aryad P.O.,

Alappuzha Pin-688 542.

2. The New India Assurance Company Ltd.,

Kottayam, Pin-686 001.

4. The defects noted by the Registry are (1) Pin code is handwritten, (2) Insurance Company not represented; and (3) Copy not served. After serving a copy of the memorandum of appeal to the learned Standing Counsel for the 3rd respondent Insurance Company, the learned counsel for the appellant answered defects (1) and (2) as follows; There is no rule stipulating that the pin code cannot be handwritten. The description of the 3rd respondent is as shown in the impugned award.

5. In exercise of the powers conferred under Section 133 of the Motor Vehicles Act, 1939, the Government of Kerala made the Kerala Motor Accidents Claims Tribunal Rules, 1977. In view of the provisions under clause (a) of sub-section (2) of Section 217 of the Motor Vehicles Act, 1988, notwithstanding the repeal of the Motor Vehicles Act, 1939 by sub-section (1) of Section 217, the Kerala Motor Accidents Claims Tribunal Rules made under the repealed enactment, and in force immediately before the commencement of the Act of 1988 shall, so far as it is not inconsistent with the provisions of the said Act, be deemed to have been made under the corresponding provision of the Act of 1988.

6. Rule 3 of the Kerala Motor Accidents Claims Tribunal Rules deals with application for compensation. As per sub-rule (1) of Rule 3, every application for payment of compensation shall be made in the form appended to the said rules and shall be accompanied by the fee prescribed therefor in sub-rule (1) of Rule 23. As per sub-rule (2) of Rule 3, any application which is found defective on scrutiny may be returned by the Tribunal for being submitted after curing the defect, within a specified time limit not exceeding two weeks.

7. Rule 6 of the Kerala Motor Accidents Claims Tribunal Rules deals with notice to parties involved. As per sub-rule (1) of Rule 6, if the application is not dismissed under Rule 5 [which deals with summary dismissal of application], the Claims Tribunal shall send to the owner of the Motor Vehicle involved in the accident, the insurer and its driver a copy of the application together with a notice of the date on which it will hear the application and may call upon the parties to produce on that date any evidence which they may wish to tender. As per sub-rule (2) of Rule 6, if