IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 30TH MAY 2007 / 9TH JYAISHTA 1929 MFA.No. 214 of 2002() ---------------------------- AGAINST THE AWARD DT. 30.4.01 IN OP(MV).2055/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR . .................... APPELLANT: PETITIONER: ---------------------- K.B.SURESH, S/O. BALAN, RESIDING AT KOORKKAPARAMBIL HOUSE, P.O.PERUVALLUR, (VIA) POOVATHUR, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON RESPONDENTS: RESPONDENTS: ------------------------- 1. C.A.CHANDRAN, RESIDING AT CHEMBIL HOUSE, P.O.MULLASSERY, THRISSUR DISTRICT. 2. BABU, S/O. SAKTHIDHARAN, RESIDING AT KURUMBOOR HOUSE, ELAVALLY WEST P.O., THRISSUR. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, WADAKKANCHERY ROAD, KUNNAMKULAM, THRISSUR. BY ADV. SRI.JOSE THETTAYIL - R1 SRI.THOMAS MATHEW NELLIMOOTTIL - R3 SMT.M.R.VALSA - R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY and K.P.BALACHANDRAN, JJ. ---------------------------- M.F.A. No. 214 of 2002 ---------------------------- Dated this the 30th day of May, 2007 Judgment Koshy, J. Appellant filed a claim petition before the tribunal contending that he sustained serious injuries in a motor accident that took place at 4.00 p.m. on 3.9.1997 on the Peruvallur road. According to the appellant, the tractor bearing registration No.KL/8B 2421 owned by the first respondent and driven by the second respondent hit him while he was walking on the side of the road. Even though accident occurred on 3.9.1997, first information statement was filed only on 21.9.1997. It is true that he was admitted in the Medical College Hospital on 3.9.1997. Ext.A2 accident-cum-wound certificate would show that alleged cause of injury is 'fall from running tempo at Peruvallur at 5.30 p.m.' on 3.9.1997. Ext.X2 case sheet from the West Fort Hospital shows that he was first seen at that hospital on 4.9.1997, but, involvement of tractor was not mentioned. Even though tractor was insured, tribunal very clearly found that the accident occurred has no connection with the tractor and M.F.A.No.214/2002 2 appellant/claimant failed to prove the above allegation. In fact, totality of evidence would suggest that he fell from a tempo and sustained injuries. First respondent owner of the tractor colluded with the petitioner and did not appear before the tribunal. Since he has not challenged the section 140 liability imposed by the tribunal, we see no ground to interfere in the appeal. We agree with the reasoning of the tribunal. Appeal dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE vaa M.F.A.No.214/2002 3 J.B. KOSHY AND K.P.BALACHANDRAN, JJ. -------------------------- M.F.A. NO.214/2002 -------------------------- JUDGMENT Dated:30th May, 2007