IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 1787 of 2008() ---------------------------------- OPMV.1237/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ------------------------------------ BABU.V, AGED 32 YEARS, S/O. VELAYUTHAN, P.O.MANASSERY,MUKKOM, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. DR.MURALEEDHARAN V.P. S/O. APPUKUTTY VAIDYAR, VALIYAPARAMBIL HOUSE P.O.VALLIKUNNU NORTH, KADALUNDI NAGARAM, MALAPPURAM DISTRICT. 2. V.DINESH,S/O. KUNHAN VAIDYAR VELLARAPPALIYIL HOUSE, MANASSERY P.O., MUKKOM, KOZHIKODE. 3. M/S.NATIONAL INSURANCE CO.LTD DIVISIONAL OFFICE, MANUELSON'S TOWERS G.H.ROAD, KOZHIKODE. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1787 OF 2008 ===================== Dated this the 5th day of November 2008 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.1237 of 1999. It is the case of the claimant that while he along with his friend was walking along the side of the road, a motor cycle came behind and hit them resulting in injuries. The Tribunal dismissed the claim application and it is against that decision, the claimant has come up in appeal. 2. Heard the counsel for the insurance company as well as the counsel for the appellant. Learned counsel for the appellant had brought to my notice the copy of the reference card as well as the first information report which takes in the first information statement as well. According to the appellant, the accident had taken place on 22.5.1998 and I find from the first information report that a case has been registered on 23.5.1998. The first information statement also is recorded at 6 p.m. on 23.5.1998 from the Kozhikode Medical College Hospital by the person in duty from Kurachudu Police Station. So the finding of the Tribunal that there has been delay in MACA 1787/2008 -:2:- registering the crime or recording the first information statement appears to be without substance. It is true that the wound certificate is not produced but it is a fact that the claimant was admitted in the Medical College Hospital and the reference card relating to the Medical College Hospital is produced which would show that he was admitted on 22.5.1998 and discharged on 12.6.1998 with an operation done on 4.6.1998. The Tribunal should not have taken such a technical attitude and should not have disbelieved the case on these reasons. I am informed by the learned counsel that he has applied for the wound certificate and it can be produced as well. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration and the appellant is permitted to produce documentary as well as oral evidence in support of the contentions so also the insurance company. I make it clear that if the appellant wants to get himself examined, the court shall not refuse permission and it has to be permitted. Parties are directed to appear before the Tribunal on 17.12.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/- MACA 1787/2008 -:3:-