IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 1834 of 2008() ----------------------- OPMV.1167/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT:PETITIONER: --------------------------------------- ELSY ANTONY, AGED 53 YEARS, W/O.ANTONY, NELLIKKATTIL HOUSE, NEDUNGAPRA KARA ASAMANNOOR VILLAGE. BY ADV. SRI.K.SUNILKUMAR RESPONDENTS:RESPONDENTS/ADDL.RESPONDENTS: ---------------------------------------------------------------------------------- 1. ELDHO, S/O.MATHAI, PANATTU HOUSE, ASAMANNOOR KARA, ASAMANNOOR VILLAGE. 2. SHAMS,CHITTAYAN HOUSE H.NO. IV/620 OF MMC,MARKET PO., MOOVATTUPUZHA. 3. UNITED INDIA INSURANCE COMPANY LIMITED., 2ND FLOOR, SOUTHERN BLOCK, VADAKKANETHIL TOWERS, PRIVATE BUS STAND, PERUMBAVOOR. 4. ADDL.RESPONDENT G.RAVI VADAKKUNNATH MALY HOUSE, ASAMANNOOR PO. 5. NATIONAL INSURANCE COMPANY LTD., P.B.NO. 24, MULLAPPILLY BUILDING, A.M.ROAD, PERUMBAVOOR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.1834 OF 2008 ------------------------------------- Dated 15th October, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained injuries in a motor accident on 26.2.2003. She claimed compensation on the ground that the accident occurred due to the negligence of the driver of the autorickshaw bearing registration No.KL-7/S-5815. According to the appellant, while she was travelling as a pillion rider on a scooter ridden by her son, the autorickshaw hit on the scooter. Police complaint was filed only on 18.3.2003 and wound certificate was prepared only on 20.3.2003. The scooter was allegedly ridden by the son of the claimant. The Tribunal also found that the injuries were also very minor. When admitted in the hospital also she did not say that the accident occurred due to the fault of the driver of the autorickshaw. It is true that despite notice the driver and owner of the autorickshaw remained ex-parte. Considering the totality of the circumstances, the Tribunal found that it is a false case and the accident was not proved. Apart from the claimant, no independent witness was examined to prove the accident. We fully agree with the Tribunal. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks