IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 MACA.No. 259 of 2006(G) ------------------------------ OPMV.1293/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): /PETITIONER --------------------------------------- V.A.JAMES, VATTAMATTATHIL, AYARKUNNAM P.O., KOTTAYAM. BY ADV. SMT.GIRIJA.L. RESPONDENT(S)/RESPONDENTS: ----------------------------------- 1. M.M.CHACKO, MUKKONIL, KANAKKARY. 2. MARY CHACKO, W/O.CHACKO, MUKKONIL, KANAKKARY. 3. THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM. ADV. SMT.MINI.R.MENON FOR R1 & R2 SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 259 OF 2006 = = = = = = = = = = = = = = = Dated this the 26th day of November, 2008. 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)1293/02. It is the case of the claimant that while he was travelling as a pillion rider in a motor bike driven by the first respondent on account of the negligent driving of the first respondent the motorcycle overturned resulting in injuries to him. The accident had been denied by the insurance company who alone has contested the case. The alleged date of accident is 20.12.00. From the documents it can be seen that he was admitted in a hospital on 21.12.00 with fracture on the right patella and it is only a treatment certificate issued. The criminal law was set in motion only in April, 2001 and on the basis of a private complaint which was referred u/s 156(3) Cr.P.C. a case has been registered and as in the usual course a charge has been filed and I am told that the accused appeared before the Court and pleaded guilty. M.A.C.A. 259 OF 2006 -:2:- 2. It is a settled principle that records of a criminal case are not binding on a Tribunal. It has to be stated that there must be some convincing evidence to connect the injury with the accident and if there is no sufficient evidence to prove the accident the claimant is not entitled to any compensation. If really a person had sustained injuries on account of fall from a motor bike certainly within a short span of time or at least at the time of admission in the hospital he would have referred to it or his bystanders or well wishers would have informed the authorities about it. Absolutely there is no report made before the hospital authorities or the police from 20.12.00 till the filing of the private complaint and therefore it creates a big suspicion in the mind as pointed out by the Tribunal. It is not very difficult to move a private complaint after three or four months and to get a case registered. What is important is that there must be some truth behind what is spoken to. Even the evidence of PW2 as analysed by the Court below would reveal that he has been questioned by the police after two months which of course is incorrect for the reason that M.A.C.A. 259 OF 2006 -:3:- the criminal law has been set in motion only on 19.4.01. So as correctly found by the Tribunal his evidence is not intrinsically reliable. 3. When a person sustains an injury and is admitted in a hospital and undergoes treatment there must be some positive materials available to show how he sustained injuries. It is totally lacking in this case and everything comes up after a private complaint is filed after four months which is not appreciated by the Tribunal and I feel that too rightly. In motor accident cases we come across so many instances and therefore it is always desirable that at least the minimal of evidence is available to connect the injury with the accident. Except the interested oral assertion of PW1 and PW2 there is nothing given before the Tribunal to establish the factum of accident. So I do not find any mistake committed by the Tribunal in analyzing the materials. Therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-