IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 4TH SEPTEMBER 2007 / 13TH BHADRA 1929 MACA.No. 1486 of 2007() ----------------------- OPMV.1708/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... PETITIONER: ---------------------------- K.RAVEENDRAN, AGED 43, S/O.N.KRISHNA PILLAI, PAIYAPURAM HOUSE, PERUMBAVOOR, NOW RESIDING AT KIZHAKKE PUTHIYAMADOM HOUSE, KADAYIRIPPU, KOLENCHERRY, KOLENCHERRY VILLAGE. BY ADV. SRI.JOY C. PAUL RESPONDENTS: RESPONDENTS: ------------------------- 1. SHAJEESH, S/O.NARAYANAN NAIR, RIRIJA BHAVAN HOUSE, NELLIMOLAM KARA, RAYAMANGALAM VILLAGE. 2. N.S.RAJENDRAN, NATTIPEEDIKA, VII/238, KAKKOOR P.O. 3. ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.50, ELANJIKAL PLAZA, CHURCH VIEW JUNCTION, KOTHAMANGALAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.S. Radhakrishnan & A.K. Basheer, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1486 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2007. J U D G M E N T Radhakrishnan,J: This appeal is preferred against the Award in OP(MV). No.1708/2002 of Motor Accidents Claims Tribunal, Ernakulam. Claim Petition was filed by appellant claiming a compensation of Rs.3 lakhs, for the injury alleged to have been sustained by him in an accident occurred on 19/12/2001. Appellant was stated to be travelling in an autorickshaw from Muvattupuzha to Kadayiruppu; while so it capsized and he sustained serious injuries. 2. The accident had occurred on 19/12/2001, but the complaint was preferred only on 31/5/2002, after a lapse of about more than 5 months. Accident had occurred somewhere in Valakom, a place near Muvattupuzha, but it was stated that he was taken to a hospital called Medicare at Ernakulam, about 32 kms. away from the place of accident. There is no explanation as to why he was not taken to nearby hospitals, and not even to the Medical Mission Hospital, Kolencherry, which has more facilities than the Medicare Hospital at Ernakulam. Further, besides the interested testimony of the complainant, no other evidence had been adduced about the accident. Evidence tendered by PW.2 does not inspire confidence. Further, the Police had registered the case only after 6 months, on the basis of a private complaint. Taking all aspects of the matter into account, we endorse the view taken by the Tribunal that the application preferred by the appellant is a bogus one, only MACA.1486/07 2 for claiming compensation. We therefore find no reason to admit the appeal and the same would stand dismissed. K.S. Radhakrishnan Judge. A.K. Basheer Judge. an.