IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 MFA.No. 573 of 2001() --------------------- OPMV.3251/1993 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER: ----------- VASANTHY.T.C.,D/O.CHATHAPPAN,THOTTUPURAM HOUSE, EDAKKULAM,POOMANGALAM VILLAGE, IRINJALAKUDA. BY ADV. SRI.T.N.MANOJ SRI.DINESH R.SHENOY RESPONDENTS/RESPONDENTS: ------------- 1.M.P.RAJU,S/O.POULOSE,MATTA MANA HOUSE, VELLIKULANGARA DESOM, THRISSUR DISTRICT. 2.T.P.RAMANKUTTY,S/O.T.R.PAPPAN,THIRUTHARA HOUSE, P.O.PUTHANCHIRA,PUTHANCHIRA SOUTH, THRISSUR DISTRICT. 3.THE MANAGER,ORIENTAL INSURANCE CO. LTD., NORTH NADA, KODUNGALLOOR. BY ADV. SRI.MATHEWS JACOB FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.573 OF 2001 (D) ----------------------------------- Dated this the 29th day of January, 2008 J U D G M E N T KOSHY,J. Appellant filed an application for compensation of Rs.30,000/- contending that she sustained contusion on the right shoulder, acute frontal Sinusitis and pain over the body due to accident occurred by capsization of the bus in which she was travelling on 2.8.1993. The tribunal rejected the claim as no evidence was produced to show that she was travelling in the bus and disability she has due to the accident. It is true that after four years of the incident, Ext.A1, a disability certificate was issued by Dr.Anil Narayanan on 13.11.1997 which shows that she suffered 10% disability and it is also noted that the above certificate also shows that according to her, she had a RTA on 2.8.1993. But wound certificate was not produced. In support of the accident, Crime No.273/93 was registered on 2.8.1993 itself before the Irinjalakuda Police MFA.573/01 2 Station. Name of the injured passengers in the accident were mentioned and petitioner's name was not mentioned. Petitioner relied on the F.I.Statement filed before the police in the criminal case. That was also done only after about two months of the incident. There is no conclusive evidence that petitioner was travelling in the bus or disability occurred due to the accident. In any event, petitioner was employed as a weaving guide under the District Khadi and Village Industries and there is no evidence to show that petitioner's income was reduced as a result of the accident. In view of the above, tribunal validly rejected his application for compensation. We see no ground to interfere in the above, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.573 OF 2001 (D) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 29th January, 2008