IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 MACA.No. 2932 of 2008() ---------------------------------- OPMV.2732/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER ----------------------- PREMACHANDRAN, S/O. CHANDRASEKHARAN, AGED 51 YEARS , RESIDING AT KRISHNALAYAM, PALLIKARA, CHERUKUNNU, KANNUR NOW RESIDING AT H.NO. 27/2432, GIRINAGAR, ERNAKULAM DISTRICT. BY ADVS.MR.GEO PAUL MR.SANU MATHEW MR.C.R.PRAMOD MR.NOEL JOSEPH MR.M.B.SANDEEP RESPONDENT(S): RESPONDENT ------------------------- 1. THOMAS, S/O.OUSO, KONATH HOUSE, GOTHURUTHU, CHANDAMANGALAM, PARAVOOR, ERNAKULAM. 2. E.X. BABY THOMAS , MANAGING PARTNER, PRINCY TRAVELS, 8-79, GCDA COMPLEX MARINE DRIVE, KOCHI. 3. NATIONAL INSURANCE COMPANY LTD., PALARIVATTOM BRANCH, MAITHILI MANDIRAM, JANATHA JUNCTION, PALARIVATTOM, ERNAKULAM. 4. NATIONAL INSURANCE COMPANY LTD., DAMODAR CHAMBERS, STATUE JUNCTION, TRIPUNITHURA. R3, R4 BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2932 OF 2008 ............................................. Dated this the 29th day of September, 2009 J U D G M E N T Notice to R1 and R2 dispensed with as they have chosen to remain ex-parte before the trial court. R3 and R4 have entered appearance. 2. This is an appeal preferred against the award of the Claims Tribunal, Ernakulam in OP(MV)No.2732/2001. The claimant is alleged to have sustained injuries in a road accident and his claim for compensation was dismissed by the trial court on the basis of absence of evidence. It is against that decision, the claimant has come up in appeal. 3. It is the case of the claimant that while he was riding on a scooter, a bus driven by the respondent hit on the back side as a result of which, he sustained injuries and was admitted to the hospital. In the wound certificate there is a statement to the effect that he was hit by one bus and the tyre of another bus ran over his leg resulting in injuries to him. The Tribunal found that if it is truth, the bus which had hit on him has not been impleaded as a party : 2 : M.A.C.A.NO.2932 OF 2008 and therefore, the claimant cannot get any compensation. 4. The learned counsel for the appellant would submit before me that it was the driver of the bus who had taken the appellant to the hospital in an auto rickshaw and furnished information to the doctor and therefore, much reliance need not be placed on the same. He had also shown me a copy of the first information statement which had been given on the very next day from the hospital wherein it is clearly stated that it was the bus that hit on the back and as a result of which, he fell down and it was the driver of the bus who had admitted him to the hospital. The investigating agency on the basis of the same had conducted an investigation and filed a charge sheet against the driver of the bus, who is a party before the court. It may not be really correct to extract some thing from the wound certificate and held that, that is the truth. 5. When a person got injured in an accident and somebody takes him to the hospital and furnishes some information, that does not mean that what is stated therein is only the truth and nothing else. Here a lawful agency : 3 : M.A.C.A.NO.2932 OF 2008 called investigators had conducted the investigation into the matter and had filed a charge sheet against the driver of the bus and therefore, I am inclined to give reliance on the same and hold accordingly. The injuries sustained by the applicant are swelling on the lateral aspect of the left ankle and an abrasion therein. He was admitted on 13.6.2001 and discharged on 16.6.2001. There is no serious injury. So, taking into consideration the nature of the injury, I feel interest of justice met by awarding a total compensation of Rs.4,000/=. In the result, MACA is allowed and the award under challenge is set aside and the claimant is awarded an additional compensation of Rs.4,000/= with 7% interest on the said sum from the date of the petition till realisation and the respondent insurance company is directed to deposit the said amount within a period of 60 days from the date of receipt of a copy of this judment. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.2932 OF 2008 : 5 : M.A.C.A.NO.2932 OF 2008