IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 MACA.No. 306 of 2010() ---------------------- OPMV.142/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT: (PETITIONER IN O.P.(M.V):142/05) ---------------------------------------------- ANNIE,AGED 52 YEARS,W/O.VARGHESE, KAIPARAMBADAN HOUSE,SOUTH KIDANGOOR, KIDANGOOR.P.O,THURAVOOR VILLAGE,ALUVA TALUK. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR G. (ALUVA) RESPONDENTS: (RESPONDENTS IN O.P.(MV):142/05) ------------------------------------------------ 1. SATHAR,S/O.ALI OZHIPARAMBU(H),ASHOKA ROAD,KALOOR,KOCHI-682 017. 2. DHANRAJ.E.S,S/O.SUBRAMANIAN, KOLLAMPARAMBIL(H),CHERUMKAVALA,KIDANGOOR.P.O, ANGAMALY VIA,ERNAKULAM(DT). 3. NATIONAL INSURANCE COMPANY LTD, MULLAPPALLU BUILDING,A.M.ROAD,PERUMBAVOOR-683 542. ADV. SRI.LAL GEORGE FOR R3 SRI.PAULSON C.VARGHESE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 306 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011 Judgment Basheer, J: Appellant is stated to have sustained certain injuries in a road traffic accident that occurred on November 30, 2004. According to the appellant, she was knocked down by a motor cycle bearing registration No. KL-7C 6450 while she was standing at the TB Junction Bus Stop at Angamaly. She alleged that the accident occurred due to the rash and negligent driving of the rider of the two wheeler. Therefore she claimed compensation from the owner, rider and the insurer of the said vehicle. 2. The Insurance Company contended before the Tribunal that the alleged vehicle bearing registration No. KL 7C 6450 was never involved in the accident in question. Respondent Nos.1 and 2 remained absent and they were set ex parte. 3. The appellant got herself examined as Pw.1 and Exts.A1 to A6 were marked on her side. She also examined another witness as Pw.2 on her side. The Tribunal, after considering the oral and documentary evidence available on record, held that the appellant had failed to establish that she had been knocked down by the two wheeler bearing MACA.306/2010. : 2 : registration No. KL 7C 6450 and accordingly dismissed the Claim Petition. Hence this appeal. 4. The Tribunal while considering the evidence on record noticed that in Ext.A1 First Information Report as well as in the First Information Statement given by the appellant on the next day of the alleged incident, she had categorically stated that she was knocked down by a two wheeler bearing registration No. KL 7 AS 7198. It was also noticed by the Tribunal that the Assistant Motor Vehicle Inspector who examined the alleged offending vehicle stated in his report that the vehicle had not been damaged at all. 5. The appellant, when she was examined as Pw.1, pleaded ignorance as to how the number KL 7 AS 7198 had been incorporated in the First Information Statement and First Information Report prepared by the Police. Curiously Pw.2 in her evidence claimed that she was the mother of the rider of the vehicle bearing registration No. KL 7C 6450. She appeared to be more loyal than the King and asserted that the vehicle bearing registration No. KL 7C 6450 had hit against the appellant. 6. As has been noticed already, the owner and rider of the two wheeler did not bother to contest the case. The Tribunal, in our view, rightly did not rely on the evidence of MACA.306/2010. : 3 : Pw.2. The number of the vehicle was changed obviously for the reason that the other vehicle bearing registration No. KL 7 AS 7198 did not have any policy coverage. Anyhow, we do not propose to deal with that issue any further. 7. In our view, there is absolutely no reason to disbelieve the First Information Statement given by none other than the appellant herself before the Police and that too on the next day of the alleged accident. Appellant cannot be permitted to resile from her statement with the obvious motive to fasten the liability on the Insurance Company. 8. There is no illegality or irregularity in the the view taken by the Tribunal. We do not find any merit in the contentions raised by the appellant. The award passed by the Tribunal does not call for any interference. The appeal fails and it is accordingly dismissed. A.K. Basheer Judge. an. P.Q. Barkath Ali Judge.