IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 MACA.No. 2245 of 2008() ----------------------------------- OPMV.635/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT/PETITIONER:- -------------------------------------- ANIL KUMAR, S/O SIVASANKARA PILLAI, MUDIYIL THARAYIL VEEDU, MUZHAMGODI MURI, KALLELIBHAGAM, KARUNAGAPPALLY. BY ADV. MR.K.G.PAVITHRAN RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. C.N. JAYASANKARAN NAMPUTHIRY, MUDIYIL KIZHAKKATHIL, TODIYOOR P.O., KARUNAGAPPALY. 2. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO. LTD., KAYAMKULAM BRANCH. R2 BY ADV. MR.RAJAN P.KALIYATH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J ===================== MACA No.2245 OF 2008 ===================== Dated this the 7th day of January 2010 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kollam in O.P.(MV)No.635 of 2002. The claimant, who was riding a motor bike sustained injuries in a road accident. The Tribunal held that the claimant himself had reported before the Doctor that he had hit on a culvert while giving side to a vehicle. Subsequently with a delay criminal action is initiated and the brother of the pillion rider is the accused and he appeared and pleaded guilty and the criminal case ended in conviction. 2. Now the question to be resolved is whether really there has been an accident as alleged by the claimant. It is fundamental that when fraud and collusion are pleaded, there must be some evidence to prove the same. I am also conscious of the fact that in motor accident cases large number of petitions without true facts are coming up for consideration. Therefore the matter requires reconsideration and an award cannot be passed merely on the basis of a conviction, that too, on the plea of guilty by the accused. But MACA 2245/2008 -:2:- in order to probabilise the case of fraud, at least some materials should be supplied before the Tribunal. Therefore I set aside the award and remit the matter to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 19.2.2010. M.N.KRISHNAN, JUDGE Cdp/-