IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 MFA.No. 509 of 2002(A) --------------------------------- O.P(MV).NO.66/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA. .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ THE ORIENTAL INSURANCE COMPANY LIMITED, NOW REPRESENTED BY ITS DEPUTY MANAGER,REGIONAL OFFICE,REGIONAL OFFICE,METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.). RESPONDENTS/ PETITIONERS AND RESPONDENTS 1 AND 2: ---------------------------------------------------------------------------------------- 1. LEELAMMA, W/O.JOSEPH,KANDAMMALIYIL HOUSE, OONNUKAL P.O.,PAREEKANNI,KOTHAMANGALAM. 2. SHIJI THANKACHAN,DO.DO. 3. LIJI JOSEPH,DO.DO. 4. REGI JOSEPH,DO.DO. 5. SAJI JOSEPH, DO. DO. 6. NOUSHAD,S/O.MUHAMMED,VETTUKUNNEL HOUSE, NAGARAMUDI KARA,THENGODE,NERIAMANGALAM P.O. 7. K.D.JABBER,KUNYADAOM HOUSE, NEELESWARAM P.O.,KOTTAMAM,KALADY. (THE 1ST PETITIONER IN THE ABOVE ORIGINAL PETITION DIED) BY ADV. SRI.ALEXANDER JOSEPH - R1 TO R5. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 2950/2002 IN M.F.A. NO. 509/2002-A DISMISSED 21/05/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 509 OF 2002 = = = = = = = = = = = = = = = Dated this the 21st day of May 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in OP(MV) 66/99. The claimants therein are the legal representatives of the injured who died after the accident. The petition is one for compensation for the injuries sustained in the accident. It is the case of the petitioners that while the injured was riding his bicycle the auto rickshaw driven by the first respondent came and hit him and thereby resulting in injuries. The injured was treated in the hospital. The insurance company would contend that the accident had not taken place as alleged by the petitioner and therefore it is not liable to indemnify the owner of the auto rickshaw. 2. There are anomalies in the wound certificate. It is submitted that the cause of injury is on account of the hit of the vehicle and secondly there is change of dates. As per the police records the accident is on 9.8.98 whereas as per the petition and the FIR it is on 8.8.98. Variation in date need not lead to a conclusion that MFA 509 OF 2002 -2- it is not correct and on that ground one need not throw out the petition if there are other materials available in the matter. 3. PW1 is the widow of the deceased. She has not seen the accident. PW2 is a person who had been examined in the case and who was cited as a witness in the charge sheet. He had deposed before the Court that he has seen the accident and the accident took place due to the hit by the auto rickshaw on the back side of the cycle. He has also deposed that the accident took place due to the rash and negligent driving of the auto rickshaw driver. At the time of re- examination he stated that the actual hit of auto rickshaw was seen by him and he accompanied the patient to the hospital after the accident. PW3 is another eye witness examined to prove the same. He had also deposed before the Court that he had seen the accident but had not accompanied the injured to the hospital. So the Court below on an analysis of the evidence of PW2 and PW3 came to a conclusion that the accident had taken place on account of the hit by the auto rickshaw on the bicycle of the injured and therefore held the first respondent negligent . On an analysis of the materials the Court below had arrived at a just decision regarding the cause of accident and how MFA 509 OF 2002 -3- it took place and it does not require any interference. So far as the compensation is concerned the amount awarded is only reasonable and it also does not call for any interference. Therefore the MFA is dismissed but without costs. M.N. KRISHNAN, JUDGE. ul/- MFA 509 OF 2002 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 509 OF 2002 = = = = = = = = = = = J U D G M E N T 21st May, 2008.