IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 MACA.No. 2078 of 2006(G) ----------------------- OPMV.730/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): 2ND RESPONDENT: --------------------------------------- THE ORIENTAL INSURANCE CO.LTD., PALAKKAD, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT: --------------------------------- C.A. SAIDALI, S/O.M. ABDU, NOW RESIDING AT C/O.A.SIDHIQUE, JALALIYA MANAZIL, PALAT ROAD, OTTAPALAM. ADV. SRI.LIJU. M.P FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2078 OF 2006 = = = = = = = = = = = = = = = Dated this the 19th 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, Ottappalam in O.P.(MV)730/03. The claimant, a 40 year old man is alleged to have sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.26,601/-. It is against that decision, the insurance company has come in appeal. The contention of the insurance company is that the claimant never sustained injuries in an accident and that he sustained injuries due to some other reasons. The two documents which are relevant to find out the truth are Ext.B2, a certificate issued by Dr.P.N. Vasudevan to the Sub Inspector of Police, Palakkad and also the statement given by the very claimant to the authorities in the R.V. Clinic, West Fort, Palakkad. In Ext.B2 it is very specifically stated that the claimant had undergone treatment in that hospital for injury on the right leg following a fall at home. I perused Ext.X1 M.A.C.A. 2078 OF 2006 -:2:- also where he was admitted on 21.12.02 and in the last page, i.e., 6th page. There is an endorsement given by the claimant to the effect that “........................................... ...........................” I do not know why the doctors of that hospital create false documents to defeat somebody. Not only that, the relationship between the patient and the doctor has been excellent and he had visited the hospital for months together periodically. To crown all these things criminal law was set in to motion by filing a private complaint almost after five months from the date of accident. In the usual course it was referred u/s 156(3)Cr.P.C. The police conducted investigation and filed charge sheet against the driver. But one has to remember that when a person sustains injuries in a road accident one can understand a reasonable delay being caused or suppose a person is totally bed ridden then also it may be there. It is not an endorsement made on a wound certificate which is spoken by persons who bring the patient to the hospital. What is recorded is in the hand writing of the claimant that he had a fall from house and he had been treated in the hospital for three days and such an endorsement is seen made only on M.A.C.A. 2078 OF 2006 -:3:- 24.12.02 though the accident had taken place on 21.12.02. There cannot be any external force and there is no allegation that an external force has made a forceful entry and therefore the documents Ext.B2 and X1 should not have been so lightly brushed aside by the Tribunal and attaching of sanctity of an investigation report which comes to the scene almost after 5 to 6 months after the date of accident. I disagree with the finding of the Tribunal and hold that the claimant has not succeeded in proving that he had sustained injuries in a road accident whereas the documents which are relied upon reveals that his injury was on account of a fall from his house. Therefore the award requires interference. Therefore the MACA is allowed and the award passed by the Tribunal is set aside and the claim petition O.P.(MV)730/03 of the Ottappalam Tribunal is dismissed but without costs. M.N. KRISHNAN, JUDGE. ul/-