IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 MFA.No. 1226 of 2002(E) ----------------------------- OPMV.2333/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT: PETITIONER ---------------------------- JOSE EMMANUEL, S/O.EMMANUEL KOLADIYIL HOUSE, PULLAPPALLI KARA, CHERPUNKAL.P.O., KOTTAYAM DISTRICT. BY ADV. SRI.MATHEW JOHN (K) SRI.BABY THOMAS RESPONDENTS: RESPONDENTS ----------------------------------- 1. K.C.JOSE, S/O.KURIAN, RAMACHANATTU HOUSE, CHERPUNKAL P.O., KOTTAYAM DISTRICT. 2. A.M.GEORGE, S/O.MATHEW, ANAMPULICKAL HOUSE, CHERPUNKAL.P.O., KOTTAYAM DT. 3. NATIONAL INSURANCE CO. LTD P.B.NO.47, CHERPUSHPAM BUILDING, MAIN ROAD, PALA. BY ADV. SRI.MATHEWS JACOB (SR.) FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA 1226/02 1 J.B. KOSHY & K.P. BALACHANDRAN, JJ. ----------------------------------------------------------------- M.F.A. No 1226 of 2002 ----------------------------------------------------------------- Dated this the 7th August 2008 JUDGMENT Koshy, J. Appellant, a green card holder in U.S.A, when came on leave sustained injuries alleged to be in a motor accident on 24.09.1994. It is stated that the accident occurred in the compound of the rented house of appellant's brother, a private compound alleged to be on the night at 11.30 P.M. No complaint was filed before the police immediately after the date of accident, but a private complaint was filed on 31.10.1994 and the scene mahazar was prepared on 02.11.1994. Though the accident was alleged to be occurred on 24.09.1994, charge sheet was filed only on 02.01.1995. Therefore, there is no evidence to show that the second respondent driver was negligent or that the injuries were caused as stated in the petition. Insurance Company though admitted the policy denied the accident and also contended that since the accident occurred in a private MFA 1226/02 2 place Insurance Company is not liable to pay the compensation. Only if the accident occurs in a public place Insurance Company is liable for the risk of third parties. Learned counsel for the appellant placed reliance on the decision of this court in Alias v. Paul (2003 (2)KLT 992) wherein this court held that workshop is a public place as it is open to all. The above decision is not at all applicable to the facts of this case as the accident is alleged to have occurred in a private place, the residential compound of the appellant's brother. Apart from the claimant, no independent evidence was adduced by the appellant to show that there was accident and injuries were caused as a result of the accident. Burden is on the appellant to prove the accident and he failed to do so. In the facts and circumstances of the case, no interference is called for. The appeal is dismissed. Sd/- J.B. KOSHY Judge Sd/- K.P. BALACHANDRAN Judge 07/08/2008 en [true copy]