IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 2449 of 2008() ----------------------- OPMV.2137/2004 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/CLAIMANT -------------------------------- K.RAJEEV, S/O. RAGHAVAKURUP, AGED 39, RESIDING AT KETTILPARAMBA, P.O. CHEVAYOOR, KOZHIKKODE DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENTS/ RESPONDENTS --------------------------------------------- 1. P.P. IMBICHI ABBOBACKER AGED & FATHER'S NAME NOT KNOWN, RESIDING AT 21/2890, HAJIRA MANZIL, P.O.KALLAI, KOZHIKODE. 2. ABHILASH. N.V., S/O.KRISHNAN KUTTY, AGE NOT KNOWN, RESIDING AT NAGACHAM VEETTIL HOUSE, P.O. NELLIKODE, KOZHIKODE. 3. UNITED INDIA INSURANCE CO.LTD. DIVISIONAL OFFICE, WHILE LINES BUILDING, KALLAI ROAD, KOZHIKODE. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.NO.2449/2008 ORDER ON I.A. NO.2923 OF 2008 IN MACA NO.2449 OF 2008. DISMISSED 03/11/2008. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2449 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2137/04. It is the case of the claimant that while he was riding as a pillion rider to KL-11-H-9016 and when that vehicle was coming down a bridge another vehicle bearing Reg.No.KL-11- D-945 came and hit on the vehicle in which the claimant was travelling as a result of which his leg got entangled in the bridge resulting in sustainment of injuries. The alleged incident is said to have taken place on 11.8.04. The criminal law was not set in motion by referring the matter by the hospital authorities but the first information statement was given only on 29.9.04. The document produced was only a first information report registered by the Kozhikode city traffic police. No other document other than a wound certificate is produced. How the accident took place, whether there was negligence, whether the police conducted M.A.C.A. 2449 OF 2008 -:2:- investigation and filed charge sheet etc. are totally lacking and absent. Therefore the Tribunal felt it is not a case which can be entertained and therefore dismissed the same with compensatory costs. When a case is filed before the Tribunal there is a normal responsibility cast on the claimant to satisfy the conscience of the Court regarding the accident, negligence and injuries. A mere production of an F.I.R. or a wound certificate will not be sufficient when the accident is disputed by the other side. Therefore I cannot find fault with the Tribunal for not entertaining the claim. But taking a lenient view I am inclined to set aside the order whereby the Tribunal has awarded the compensatory cost of Rs.1,000/- to the 3rd respondent. With this modification the appeal is disposed of. M.N. KRISHNAN, JUDGE. ul/-