IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 MACA.No. 867 of 2008(D) --------------------------------- OPMV.427/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): /PETITIONER: ----------------------------------- P.S. MANI, S/O. SANKARAN NAIR, MANIMANDIRAM HOUSE, VALAMBOOR KARA, MAZHUVANNOOR VILLAGE. BY ADV. SRI.S.K.BALACHANDRAN SRI.P.V.JYOTHI (PALAKKAPPILLIL) SMT.M.S.SUNITHADEVI RESPONDENT(S): RESPONDENTS 1 TO 5: ----------------------------------------------- 1. BINU K.PAUL, S/O. PAULOSE, KANDANALIL HOUSE, VALAMBOOR KARA, PATTIMATTOM VILLAGE. 2. THE NATIONAL INSURANCE COMPANY LTD., KOLENCHERY BRANCH. 3. SUNIL KUMAR, S/O.GOPALAKRISHNA PILLAI, MINI COTTAGE, VALAMBOOR KARA, PATTIMATTOM. 4. GOPALAKRISHNA PILLAI, S/O. AYYAPPAN PILLAI, MINI COTTAGE, VALAMBOOR KARA, PATTIMATTOM. 5. THE UNITED INDIA INSURANCE COMPANY LTD. ALUVA BRANCH OFFICE, ALUVA. ADV. SRI.E.M.JOSEPH FOR R2 SRI.A.R.GEORGE FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 867 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)427/03. The claimant is alleged to have sustained injuries in a road accident when a car bearing Reg.No.KRE-1583 and a jeep bearing Reg.No.KL-5B 9005 collided. The Tribunal on a consideration of the materials dismissed the application on the ground that the claimant has failed to establish his involvement in the accident. 2. Heard the counsel for both sides and perused the award. The Tribunal has found that the law was set in motion on the next day after the accident on 4.10.02 and on that basis a F.I.R., according to him, was registered and charge has been filed. The crucial question which the Tribunal considered was regarding the proof whether there was involvement of the claimant in the accident. According to him he was admitted immediately after the accident on M.A.C.A. 867 OF 2008 -:2:- 3.10.02 and he was admitted in Holy Cross Hospital, Pattimattom and Ext.A6 is the wound certificate. Therefore as per that certificate the injury is sustained due to a road traffic accident. The police in the case diary had also placed the wound certificate which is marked as Ext.X1(a). in Ext.X1(a) the cause of injury is stated as due to a fall. It is not stated that it is on account of the injuries in a road traffic accident. So the Tribunal found that the entries in Ext.X1(a) and Ext.A6 are not tallying and thereafter proceeded to analyze the other evidence available. The next document relied on is the certificate issued by a Doctor and the said Doctor was examined as PW2. As PW2 the Doctor has deposed before the Tribunal that there was no register maintained in the hospital and there is no documents in the hospital and the certificate was issued just as per the request of the petitioner. He had also asserted that the claimant has not mentioned about any road traffic accident but the history of a fall alone was mentioned. It is also deposed that the petitioner has requested him to give a M.A.C.A. 867 OF 2008 -:3:- certificate stating involvement of a road traffic accident and accordingly he issued the same. So the evidence of the Doctor further only weakens the case of the claimant and therefore one cannot find out whether the claimant was really involved in an accident resulting in sustainment of injuries. The Tribunal has analysed the matter only in the proper perspective and arrived at a decision. Therefore the MACA lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-