IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 MACA.No. 1401 of 2005() ----------------------- OPMV.115/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/3RD RESPONDENT --------------------------------------------- NEW INDIA ASSURANCE CO. LTD., KASARGOD, REP. BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT/CLAIMANT RESPONDENTS / RESPONDENTS 1& 2 ----------------------------------------------------- 1. K.P.ABDULLA, AGED 50 YEARS, SON OF PALLIYALI, GALIMUKA KARNOOR.P.O., PUTHUR TALUK, KARNATAKA STATE. 2. B.AMBACHU ALIAS ABBASS, SON OF ABDULLA, BALILA PAJE PALLA.P.O., BALALA, SULLYA TALUK. (NOW AT KADRI MANGALORE.P.O., KADRI, KARNATAKA STATE). 3. MOHAMMED HAJI, S/O. P.M.AHAMED, PROP. M/S. CENTRAL WOOD INDUSTRIES, PERIYA ROAD, PALLIKKARA VILLAGE, P.O.PALLIKKARA. R1 BY ADV. SRI.M.SASINDRAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: vk A.K. BASHEER & P.Q. BARKATH ALI, JJ. ----------------------------------------------- M.A.C.A. No.1401 of 2005 ----------------------------------------------- Dated this the 21st day of March, 2011 JUDGMENT A.K. Basheer, J. Respondent No.1 herein sustained certain injuries including below knee amputation, while he was unloading timber from a lorry that belonged to respondent No.3. The said vehicle was being driven by respondent No.2 at the time of the accident. The case of the claimant was that the driver of the vehicle took the vehicle in reverse suddenly, resulting in one of the timber logs falling on his leg. According to the claimant , he sustained the following injuries: 1. Crush injury over the Lt. leg with fracture lower ends or both bones. 2. Laceration 8 X 4 X 3 cms lateral aspect, lower end of Lt.leg. 3. Laceration 6 X 2 X 2 cms dorsum of Lt. foot fracture dislocation of tarsal bones, injury to artery, nerve, muscles and tendons, resulting in below knee amputation. 2. The Tribunal after considering the oral and documentary evidence adduced by the claimant awarded him a sum of Rs.1,13,100/- with 6% interest and directed the appellant Insurance Company to pay the same. The said award M.A.C.A. No.1401 of 2005 2 is impugned in this appeal by the Insurance Company. 3. Sri. George Cherian learned counsel who appears for the appellant submits that there is no satisfactory evidence on record to show that the alleged accident had occurred at a public place and that too in the course of the user of the vehicle. It is pointed out by the learned counsel that the alleged accident according to the claimant had occurred on January 2, 2000. But the police is seen to have registered the crime only on January 15, 2000. Further report of the police prepared from the hospital in Mangalore revealed that the claimant had suffered some injury due to a fall from a height. 4. We have carefully perused Exhibit A1 First Information Report. It is revealed from Exhibit A1 that the claimant was being treated in a hospital in Mangalore. The claimant had narrated as to how the timber log happened to fall on his leg when the driver tried to take the vehicle in reverse. According to the claimant he and his colleagues had already unloaded six pieces of timber logs. The vehicle had to be shifted a little further to unload the remaining logs. Even before the petitioner and his co-workers had moved away from the vehicle, the driver had moved the vehicle without any warning. It was at M.A.C.A. No.1401 of 2005 3 that time, one of the timber logs fell on the leg of the claimant. 5. Having perused the narration in the FI statement given by the claimant, we do not find any reason to disbelieve the said version. More importantly the appellant does not have a case that the police did not charge sheet the driver. It may be true that there was some delay in registering the above crime by the police but that does not mean that the accident did not occur at all. It must be remembered that the claimant had been under going treatment in a hospital in Mangalore in Karnataka State though the accident had occurred in Kerala. 6. Exhibit B1 letter is stated to have been issued by the hospital authorities in Mangalore by which the Police was, informed that the claimant had suffered the injury due to “a fall from a height”. But subsequently the Hospital authorities had informed the Police that the previous communication was not correct. The author of the letter has not been examined. There is nothing to indicate that Police had not conducted a proper investigation. In any view of the matter the FIR registered by the police need not be disbelieved. The driver of the vehicle did not adduce any evidence also. 7. Having perused the materials available on record, we do M.A.C.A. No.1401 of 2005 4 not find any reason to disturb the finding entered by the tribunal that the accident had occurred because of the negligence of respondent No.2. Therefore the appeal fails and it is accordingly dismissed. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. rkc