IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 704 of 2008(A) ----------------------------------- OP(MV).NO.3384/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE. .................... APPELLANT/ PETITIONER IN THE O.P (MV): -------------------------------------------------------------- V.K.ASOKAN , S/O. KUNHIRAMAN, AGED 49 YEARS, OLIYAMCHERI VEEDU, NALLOOR, FEROKE POST, KOZHIKODE. BY ADV. SMT.LATHA PRABHAKARAN, ADV. SRI.K.M.JAMALUDHEEN. RESPONDENTS: ----------------------- 1. V.K.GOPALAN, S/O. ONAKKAN, JAYESH PETROLEUM, INDIAN OIL DEALER QUILANDY POST, KOZHIKODE 2. K.SADASIVAN,S/O,CHATHU, KANAKKASSERY HOUSE, EDAKKULAM POST, QUILANDY, KOZHIKODE 3. THE UNITED INDIA INSURANCE CO.LTD, P.B.NO. 192, SEEMA TOWER, MAVOOR ROAD, KOZHIKODE. R3 BY ADV. SRI.P.M.M. NAJEEB KHAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 704 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th 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)3384/02. The claimant is alleged to have sustained injuries in a road accident while he was riding a motor bike and when it was hit by a tanker lorry. The Tribunal dismissed the case mainly on the ground that the claimant did not produce wound certificate as well as the charge sheet. I cannot find fault with the Tribunal for the reason that unless there are convincing evidence to connect the injuries with the accident the claimant may not be entitled to get compensation. 2. The learned counsel for the insurance company also strongly contends that there is nothing wrong in the award of the Tribunal to be interfered with. But a perusal would reveal that the Sub Inspector of Police immediately after the accident on 27.7.02 had obtained a letter from the Feroke Hospital to the effect that the claimant had been M.A.C.A. NO. 704 OF 2008 -:2:- admitted in the hospital as a result of a road traffic accident. The claimant should have summoned the case diary and proved the accident or he should have taken steps to produce the original of the documents from the hospital which would indicate about the accident and the nature of injuries. So a mere photocopy is not a substitute to prove that really he had sustained injuries in a road accident. But, if really one had sustained injuries in an accident he should not be deprived of the compensation. Therefore the order under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit both sides to adduce documentary as well as oral evidence in support of their respective contentions and in case of necessity to summon the original of the treatment and case records and thereafter the Tribunal is directed to dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 30.12.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-