IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 MFA.No. 485 of 2002 --------------------------------- OPMV.1785/1996 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: A.V.FRANCIS,AGED 45 YEARS, S/O.GEORGE, AZHEPARAMBIL HOUSE, PALATHURUTHY, KUMARANASAN NAGAR, COCHIN-20. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. RESPONDENTS/RESPONDENTS: 1. T.J.JAMES, 38,2043, THANIKATT HOUSE, ELAMKULAM, KALOOR P.O., COCHIN-17. 2. T.B.RENJIT RAMESAN, S/O.BHASKARAN, THAYYIL HOUSE, CHALIKKAVATTOM KARA, EDAPPALLY SOUTH VILLAGE. 3. THE NATIONAL INSURANCE CO.LTD., CHITOOR ROAD, COCHIN-16. BY ADV. SRI.ARUN VALENCHERY FOR R1 SRI.P.R.RAMACHANDRA MENON FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No.485 of 2002 --------------------------------- JUDGMENT Koshy, J. The appellant/claimant sustained injuries. He applied for compensation contending that while he was travelling in a motor cycle KRE 8906 on 16.3.1996 at 11.30 p.m., due to negligent driving of the motor cycle, it hit against an electric post and thereby he sustained injuries. Exhibit A2 is the wound certificate. He was admitted in the Medical Trust Hospital, Ernakulam at 12.30 a.m. on 17.3.1996. The accident spot and the Medical Trust Hospital are within two kilometres. The cause of injury recorded in Exhibit A2 wound certificate is as “while pillion rider in a motor cycle, hit by another bike around 12.30 a.m. on 17.3.1996 at Kumaranasan Nagar Road, Kadavanthra”. It is stated that the appellant was conscious at that time and the above statement was given by the appellant MFA 485/02 2 himself. But, later, when the FIR was registered on 21.3.1996, regarding the accident a different story was given. It was stated therein that it was due to hitting of the motorcycle against an electric post. Considering the difference in the story and delay in registering the FIR, the Tribunal held that the appellant/claimant was not correctly stating the facts and a false case was filed. It was probably because, the offending vehicle, which was alleged to have hit on the motor cycle in which the appellant was travelling, had no valid insurance. In any event, the Tribunal was right in suspecting the correctness of the claim. The learned standing counsel for the Insurance Company submits that the appellant was a pillion rider in the motor cycle and pillion riders are not covered under the policy. Apart from the above, notice issued to the second respondent is not yet served, even though the appeal was admitted and notice was ordered on 11.7.2002. In the facts and MFA 485/02 3 circumstances of the case, we agree with the views of the Tribunal. The appeal is, thus, dismissed. (J.B.Koshy, Judge) 12th August, 2008 (K.P.Balachandran, Judge) tkv MFA 485/02 4 J.B.Koshy & K.P.Balachandran, JJ. --------------------- M.F.A.No.485 OF 2002 --------------------- JUDGMENT 12th August, 2008