IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 MACA.No. 795 of 2009(B ) ---------------------- OPMV.231/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): PETITIONER ------------------------------- MARIAMMA VERGHESE, MATTAKKANDATHIL VEEDU, MANARCADU P.O., KOTTAYAM. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S)/RESPONDENTS: ------------------------------------- 1. N.M.RAJU, NALUPLACKAL HOUSE, KOTHALA P.O., KOTTAYAM. 2. THE UNITED INDIA INSURANCE CO. LTD., KOTTAYAM. ADV. SRI.P.JACOB MATHEW FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 795 OF 2009 = = = = = = = = = = = = = = = Dated this the 16th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)231/06. The claimant, a staff nurse, sustained injuries in a road accident while she was riding as a pillion rider to her brother in a motorcycle. The Tribunal dismissed the case on two grounds namely failure of negligence to prove as well as regarding the documents produced in the case. I do not want to dwell deep into the matter for the reason that the learned counsel for the appellant submits before me that if an opportunity is given certainly the claimant will be able to satisfy the conscience of the Court regarding the accident. 2. So far as the accident is concerned whether a dog crossed the road or the motorcycle fell into a gutter, a pillion rider cannot be attributed any negligence. It will not become an inevitable accident also for the reason a driver is expected to anticipate crossing abruptly by a person or a dog or M.A.C.A. 795 OF 2009 -:2:- presence of a gutter especially in the present days and therefore a driver is expected to be circumspect and conscious especially while taking a lady as a pillion rider. Therefore the matter requires reconsideration on that point. 3. Similarly, the documents if they are manipulated, it can be found out and I put the entire burden on the claimant to establish that the case is genuine and if the Court is satisfied it can consider granting of compensation after hearing all concerned. Therefore the award under challenge is set aside and the matter is remitted back 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. M.N. KRISHNAN, JUDGE. ul/-