IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MFA.No. 1326 of 2001() ------------------------------- OPMV.546/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER : ------------------------------------- KUNHIKUTTAN, S/O.RAMAN, AGED 26 YEARS, KIZHAKEKARA HOUSE, RESIDING AT PULPALLY P.O., PULPALLY, S.BATHERY TALUK, WAYANAD DISTRICT BY ADV. SRI.ESM.KABEER SRI.VPK.PANICKER RESPONDENTS/RESPONDENTS : --------------------------------------------- * 1. P.HAMZA, SAMERA BUILDING, BYPASS ROAD, KONDOTTY P.O., KONDOTTY, KOZHIKODE DISTRICT (OWNER OF BUS KL-10 A/3437) * 2. A.K.RAMAKRISHNAN, S/O.KUNJAKKAN, AGED 42 YEARS, MOTHAYIL HOUSE, P.O. PERIKALLOOR, PULPALLY, S.BATHERY TALUK, WAYANAD DISTRICT, D.L.NO.3366/78 W (DRIVER OF BUS KL.10A/3437) 3. THE NEW INDIA ASSURANCE CO. LTD, P.B. NO.5, COURT ROAD, MANJERY, P.O. MANJERY, MALAPPURAM DISTRICT, (POLICY NO.101000/31/40/11) * R1 AND R2 DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 08.07.2008 IN MFA SUPPL. 4. THE UNITED INDIA INSURANCE CO. LTD., MANJERI BRANCH, P.O., MANJERI, POLICY NO.101000/31/40/11/2118/93 IMPLEADED AS PER ORDER IN I.A.2407/2000 AND AMENDED AS PER ORDER IN I.A.2408/2000 BY ADV. SRI.P.SANKARANKUTTY NAIR - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 1326 OF 2001 --------------------- Dated this the 8th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) 546/93. It is the case of the appellant that while he was traveling in a bus bearing registration No.KL10/A 3437 due to the rash and negligent driving of the bus driver the bus capsized as a result of which the appellant had sustained fracture of the humerus, dislocation of the shoulder bone and pain all over the body. The Tribunal dismissed the claim application stating that there was nothing for the Tribunal to connect his injury with the accident. It is seen from para 9 of the award that even according to him he was treated as inpatient in the Primary Health Centre, Pulpally, for a period of 7 days up to 11.5.93 and thereafter from 6.6.93 to 17.7.93 he was treated in the Varun Ayurvedic Pharmacy, Pulpally. Though a treatment certificate from Varun Ayurvedic Pharmacy is produced, nothing is produced to show that he was treated in the Primary Health Centre, Pulpally. There is no wound certificate produced in this case to connect the appellant MFA No.1326/01 2 with the accident to establish that he has suffered injuries in a road accident. A mere certificate issued by Varun Ayurvedic Pharmacy for treatment of the fracture would not take the Tribunal to the conclusion that he was involved in the accident and had sustained injuries. To crown all these things, he did not even mount the box to give evidence. The Tribunal rightly rejected the case of the appellant, which does not call for any interference. Therefore the MFA lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MFA No.1326/01 3