IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 MACA.No. 1037 of 2005() ----------------------- OPMV.291/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER: ------------------------------- JINSON N.B., S/O.MATHAI, NELLIKUNNEL HOUSE, VALAKODE KARA, MATHAIPPARA P.O., UPPUTHARA VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.SUJESH MENON V.B. RESPONDENTS/RESPONDENTS: ------------------------------------ 1. JOSEPH KURUVILA, NEERANNAKUNNEL HOUSE, ANAKKARA P.O., IDUKKI. 2. NEW INDIA ASSURANCE CO LTD., KOTTAYAM. BY ADV. SRI.JOSY ANTONY SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ======================== M.A.C.A.No.1037 of 2005 ========================= Dated this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in OP(MV)No.291/2002. It is the case of the petitioner that while he was standing on the side of the road the Jeep driven by the first respondent, came in a rash and negligent manner, hit on him resulting in injuries. The Insurance Company resisted the claim on the ground that the claimant was totally intoxicated and under the influence of Alcohol he had hit against the side of the Jeep. The court below found that since the wound certificate revealed that there was smell of Alcohol, it accepted the case of the Insurance Company and found against the petitioner. One cannot jump to a conclusion that just because one has consumed Alcohol, he had lost the balance. The learned counsel for the appellant would submit before me that if an opportunity is given to his party, he will be in a position to adduce evidence that it was not his negligence that has resulted in the accident. The mere noting regarding the M.A.C.A.No.1037/2005 2 smell of Alcohol shall not make a tribunal to jump the conclusion that the negligence is on that person. I make it clear that, I do not say that in all circumstances it will never be and things depends upon the facts and circumstances of each case. Therefore, as prayed for by the learned counsel, I am inclined to set aside the award of the claims tribunal and remand the case back to the tribunal for fresh consideration. Parties, if wants, can adduce both oral and documentary evidence in support of their respective contentions and the tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the court below on 10.7.2008. The court shall try to dispose of the matter as expeditiously as possible. M.N.KRISHNAN,JUDGE dvs