IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 MACA.No. 911 of 2007() ---------------------- OP.MV.1305/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT APPELLANT/PETITIONER IN OP(MV): --------------------------------------------- HAJIRA, AGED 26 YEARS, W/O. SIDHIQUL AKBAR, RESIDING AT PADINHARETHODI HOUSE, P.O. PULLIPARAMBU, CHELEMBRA (VIA), MALAPPURAM. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS: RESPONDENTS IN OP(MV): ------------------------------------- 1. SAIDALAVI, AGED 66 YEARS, S/O. PAREEKUTTY, RESIDING AT PATTAYATHIL HOUSE, P.O. PUTHUKKODU, CHERUKAVU, MALAPPURAM. 2. THE NEW INDIA ASSURANCE COMPANY LTD., CHEROOTTY ROAD, KOZHIKODE. ADV. SRI.B.SAJEEV KUMAR FOR R.1 SRI.M.K.THANKAPPAN FOR R.1 SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.R. RAMACHANDRA MENON, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ M.A.C.A. No.911/2007-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of September, 2009 J U D G M E N T Raman J. This is an appeal against an award passed by the Tribunal dismissing the claim in O.P.(MV) 1305/2001. The O.P (MV) was filed by the appellant stating that she was a pillion rider of a motor cycle bearing registration No.KEK 5603 proceeding from Kondotty to Feroke at about 3.30 p.m on 27/12/2000; that the vehicle was driven at a normal speed and when it reached at Ramanattukara-Feroke College junction, a jeep bearing registration No.KEZ 4143 come from a pocket road in an exorbitant speed hit the motor cycle, as a result of which the appellant was thrown out of the motor cycle and sustained fracture and serious injurious and later she was admitted in the Medical College Hospital, Kozhikode. An amount of Rupees Two lakhs is claimed of by way of compensation. The insurer filed written statement admitting policy of the jeep but the liability to pay compensation was disputed. The first respondent remained ex parte. The appellant did not adduce any oral evidence. Exts.A1 and A2 were marked on the side of the appellant. The Tribunal found in paragraph (7) as follows: M.A.C.ANo.911/2007 -:2:- “7. Ext.A1 is a copy of an F.I.R in Crime No.5/01. Ext.A1 is not at all legible. One Abdul Salim appears to be the first informant. F.I.R is dated 01/01/2001. The accident allegedly took place on 27/12/2000. Ext.A2 is a photocopy of wound certificate in the name of Hajira. She was brought to the hospital by the said Abdul Salim. Later he went to the police station and preferred First Information Statement. If it was a collision of two vehicles and he was riding the motor cycle, normally he would have sustained injury. Whereas, it is disclosed that he took the petitioner to the hospital. This aspect causes suspicion regarding the genuineness of the case. Moreover, he is not seen made a party in the proceedings; for the best reason known to the petitioner. Four days delay in preferring Ext.A1 and absence of other evidence, I am unable to uphold the petitioner's case as genuine. Being so, the negligence aspect and the bona fide of the case should have been proved to the satisfaction of the Court.” And accordingly, the petition was dismissed. The burden of proving that the accident occurred as a result of the negligence of the driver of the jeep lies on the claimant. The claimant did not mount the box. There was no evidence adduced. Thus, this is a case where there is absolutely no evidence to support the case and in the absence of any evidence, no grounds are made of for interference. M.A.C.ANo.911/2007 -:3:- 2. Even though it is contended by the learned counsel Adv.Shri A.V.M.Salahuddeen appearing for the appellant that there is no practice for taking evidence in the Tribunal, we cannot accept the statement on its face value. As to what is the practice followed in this particular case contrary to or whether any opportunity to adduce evidence was denied is a matter to be pleaded and proved. We have scanned through the appeal memorandum and we find no such plea as such raised in the grounds stated. Thus we find no merits in the appeal and is accordingly, dismissed. (P.R. Raman, Judge) (P.R. Ramachandra Menon, Judge) ms