IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 MACA.No. 645 of 2010() ---------------------- OPMV.240/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): PETITIONER ------------------------ ONDEN PRAMODKUMAR, S/O APPU, AGED 48 YEARS, NELLERI HOUSE, KANATHUR WARD, KANNUR-1. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): RESPONDENTS -------------------------- 1. DIRECTOR GENERAL OF POLICE, KERALA, TRIVANDRUM. 2. NAJEEB, DRIVER HEAD CONSTABLE, ARMED RESERVE CAMP, QUILON, QUILON DISTRICT. 3. DIRECTOR, KERALA STATE INSURANCE DEPARTMENT, TRIVANDRUM. 4. UNITED INDIA INSURANCE CO. LTD., C.W.C.BUILDING, L.M.S.COMPOUND, TRIVANDRUM. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1 SRI.K.SUBASH CHANDRA BOSE FOR R2 SRI.P.JAYASANKAR FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.645 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of November, 2010 JUDGMENT Basheer, J. Appellant is the claimant before the Motor Accidents Claims Tribunal. His claim petition was dismissed by the Tribunal holding that there was no evidence on record to show that the accident was caused by respondent No.2 due to his rash and negligent driving. 2. The case of the appellant before the Tribunal was that on March 30, 1999 while he was proceeding from Kannur to Thiruvananthapuram in a car , a police jeep bearing Reg.No. KL-01/P 3018 driven by respondent No.2 and coming from the opposite direction hit against his vehicle resulting in serious injuries to him and damage to the vehicle. Appellant alleged that the accident occurred solely due to the rash and negligent driving of the jeep by its driver ( respondent No.2). Appellant was admitted in a nearby hospital from where he was later shifted to another hospital in Mangalore. He claimed a sum of Rs. 5,00,000/- towards compensation from the driver, MACA.No.645/2010 2 owner and insurer of the offending vehicle. 3. Respondent No.1 contended before the Tribunal that the accident had occurred only because of the negligence of the claimant himself. The allegation that respondent No.2 was responsible for the accident was stoutly denied. However, it was admitted that the vehicle was validly insured with respondent No.4. 4. It appears that initially the Tribunal passed an ex parte award in the case. But the said award was set aside later, on condition that respondents pay a sum of Rs. 25,000/- as cost to the claimant. The cost was paid and the award thus stood set aside. 5. Thereafter, the appellant got himself examined as PW1 and one witness was examined on his side as PW2. Exts.A1 to A10 were marked on his side. Exts. B1 to B4 were marked on the side of the respondents. Ext.X1 was also marked in the case. Respondent No.4 Insurance Company was impleaded in the case as the insurer of the offending vehicle after the ex parte order was set aside. The Insurance Company admitted that the vehicle was insured with it. However, the allegation of negligence made against respondent No.2 was denied. MACA.No.645/2010 3 6. The Tribunal after considering the materials available on record came to the conclusion that there was no satisfactory evidence to show that respondent No.2 was rash and negligent while driving the alleged offending vehicle. In this context, the Tribunal noticed that the police had registered Crime No. 88/1999 against the appellant himself. A copy of the said FIR was marked in the case as Ext.B4. 7. But according to the appellant, he had filed a private complaint against respondent No.2 alleging offences punishable under Section 279 and 338 of IPC. The police had registered Crime No.337/1999 pursuant to the above complaint . It was further noticed by the Tribunal that the allegation by the respondents that the appellant had pleaded guilty to the charge levelled against him pursuant to Crime No.88/1999 was not denied or disputed by the appellant. The Tribunal also referred to the oral testimony of the appellant and came to the conclusion that there was no satisfactory evidence to show that the accident had occurred because of the rash and negligent driving of respondent No.2. 8. We have carefully perused the lower court records which MACA.No.645/2010 4 were called for by us. We have also heard learned counsel for the parties. 9. It is not in dispute that the alleged accident had taken place involving the two vehicles referred to earlier. The question that came up before the Tribunal was whether the allegation of rashness and negligence attributed against respondent No.2 had been established by the appellant through satisfactory evidence. 10. It was noticed by the Tribunal that the police had registered a case against the appellant himself as Crime No. 88/1999. Significantly, Crime No. 337/1999 registered by the police against respondent No.2 on the basis of the private complaint filed by him did not yield any result. To a specific query made as to what happened to the said crime and also whether police had charge sheeted respondent No.2, the appellant could not give any satisfactory answer. More importantly, the appellant did not produce any document to show that respondent No.2 had been charge sheeted by the police pursuant to the registration of Crime No. 337/1999 against him. The specific case of the respondents that the appellant had pleaded guilty to the charge MACA.No.645/2010 5 levelled in the case registered against him in Crime No. 88/19999 was also not disputed or denied. 11. Keeping in view the above facts and circumstances, we do not find any material illegality or irregularity in the order passed by the Tribunal. However, the direction issued by the Tribunal to the appellant to refund Rs. 25,000/- awarded to him as cost, is set aside. The appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.645/2010 6