IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 MACA.No. 932 of 2005() ---------------------- OPMV.2744/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANTS/CLAIMANTS IN OP(MV)NO.2744/97 OF MACT,ERNAKULAM: ------------------------------------------------------------------------------------------------------------ 1. G. LEELA DEVI, AGED 58 YEARS, W/O. LATE SRI.K.N. NEELAKANDAN UNNI, KANDANPARA PUTHEN MADOM, S.N. PURAM P.O., CHERTHALA, ALAPPUZHA-688 582. 2. MAYA. K.N., AGED 31, D/O. DO. DO. 3. PRIYA K.N., AGED 28, D/O. DO. DO. 4. SREEDEVI. K.N., AGED 25, D/O. DO. DO. BY ADV. SRI.T.K.RADHAKRISHNAN SMT.K.L.SREEDEVI RESPONDENTS:RESPONDENTS IN OP(MV)NO.2744/97 OF MACT,ERNAKULAM ------------------------------------------------------------------------------------------------------------------- 1. MR. BIJU JOHN, VANTHIYIL HOUSE, THODUPUZHA POST, IDUKKI DISTRICT. 2. MR. ANISH, AGED 25, S/O. SRI. SIVARAMAN PILLAI, ARADHANA, THODUPUZHA EAST, THODUPUZHA VILLAGE, THODUPUZHA. 3. THE NATIONAL INSURANCE CO.LTD., REGIONAL OFFICE, MUTHOOT TOWERS, M.G. ROAD, ERNAKULAM, KOCHI-35. BY ADV. SRI.FAIZAL P.LATHEEF - R2 SMT.M.E.NUSFA - R2 SRI.RAJAN P.KALIYATH - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== MACA No.932 OF 2005 ===================== Dated this the 26th day of June 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)No.2744 of 1997. One Neelankandan Unni sustained injuries in a road accident and he has filed application for compensation. During the pendency of the case he died and his legal representatives were impleaded as Suppl.petitioners P2 to P5. The Tribunal has dismissed the case and it is against that decision the present appeal is filed. 2. According to the original claimant, it can be seen that he had preferred a complaint before the Circle Inspector of Police, Thodupuzha contending that he was hit by a motor cycle KL-7/L-7835 which was ridden by one Anilkumar, S/o. of N.K.Radha and Sivaraman Pillai. The residential phone number of the rider was also stated in the petition. So there is a clear categoric case for the claimant before the police regarding the vehicle involved in the accident as well as the person who had driven the vehicle. But strangely police after investigation comes to the conclusion that MACA 932/2005 -:2:- vehicle No.KL-6/5623 and it was ridden by one Anish, son of Sivaraman Pillai. The police also after investigation filed a charge sheet. When the Tribunal wanted to ascertain the truth and called for the CD police filed a report to the effect that the entire file has been drenched in rain water and thereby it got destroyed. All is not well in this case. A signed statement giving the entire particulars submitted before a police is not enquired into that ankle but the police finds another vehicle and also finds a driver and files a charge sheet. As observed by the Tribunal, it is a signed statement and the petition filed by the original claimant before police which has got absolute evidentiary value under the provisions of the Indian Evidence Act. But under what circumstances a totally different vehicle number with another rider is implicated is not explained. Therefore, I cannot find fault with the Tribunal for dismissing the application. Therefore the appeals fails and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-