IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 MACA.No. 585 of 2008() --------------------------------- OPMV.1553/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR. .................... APPELLANT(S): PETITIONER IN OP(MV) 1553/2002 ----------------------------------------------------------------------- ANSARI, AGED 27 YEARS, S/O.HYDROSE, KANNATTUPARAMBU, MALAYANKADU, THOTTUMUGHAM, ALUVA EAST VILLAGE. BY ADV. SRI.V.K.GOPALAKRISHNA PILLAI SRI.GOPAKUMAR G. (ALUVA) RESPONDENT(S): RESPONDENTS IN OP(MV) 1553/02 ---------------------------------------------------------------------------- 1. SANTHOSH.K.C., PUTHUVAL PARAMBU, KANIYAMKUNNU, U.C.COLLEGE, ALUVA-683 102. 2. RAJESH, S/O.VASU, ARIPATHU VEEDU, KEEZHMADU KARA, ALUVA EAST, PIN-683 105. 3. THE NATIONAL INSURANCE CO.LTD., URUMBATH BUILDING, PUMP JUNCTION, R.S.ROAD, ALUVA-683 101. 4. HAMEED.K.M., KUNNUMPARAMBIL HOUSE, KULAYATTIKARA, AMBALLOOR, TRICHUR-683 021. 5. UNITED INDIA INSURANCE CO.LTD., JASMINE BUILDING, PERUMBAVOOR-683 542. R3 BY ADV.SRI.M.A.GEORGE R5 BY ADV. SMT.P.K.SANTHAMMA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 585 OF 2008 = = = = = = = = = = = = = = = Dated this the 31st day of January, 2011. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)1553/02. It is the case of the claimant that while he was travelling as a pillion rider in a motorcycle driven by one Navas, a goods auto rickshaw came in a rash and negligent manner and hit on the motorbike resulting in injuries to him. The Tribunal found that it was a self-accident and dismissed the case. It is against that decision the claimant has come up in appeal. The case of the claimant is to the effect that the goods auto rickshaw had hit on the motorbike. The records prepared in connection with the criminal case relates to the accident. The claimant was M.A.C.A. 585 OF 2008 -:2:- questioned by the police immediately on the next day of the accident. Scene mahazar was also prepared and the matter has been proceeded with. Now the Tribunal had relied upon a solitary statement seen in the wound certificate to the effect that the claimant sustained injuries on account of the skidding of a motorcycle. When there is a hit by another vehicle the driver may loose the control and the vehicle can skid. The solitary statement in the wound certificate especially in the absence of any evidence to show that the said statement was made by the claimant it is not absolutely justifiable to arrive at a decision on a mere statement given by that person. But unfortunately here is a case where the claimant did not enter the box. He had examined one person by name Nazir, who happens to be only a witness to the scene M.A.C.A. 585 OF 2008 -:3:- mahazar. He has not seen the incident. According to the claimant it was one Navas who has ridden the bicycle in which he was travelling. For the reasons known to him this Navas is not made a party in the petition whereas the owner and the insurance company of the motorbike are made parties. One of the competent witness to speak about this is Navas who is not impleaded and not examined is also really not proper. Therefore I feel this is a fit case where an opportunity has to be given to the claimant to establish the case pleaded by him. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit the claimant to implead Navas as the necessary party and thereafter permit all concerned to produce both M.A.C.A. 585 OF 2008 -:4:- documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since some of the respondent had not entered appearance before this Court I direct the claimant to take out notice to all the parties other than the insurance company who are represented here after he enters appearance before the Tribunal. I also make it very clear that I have not expressed anything on merits of this case. All the parties are directed to appear before the Tribunal on 1.3.2011. M.N. KRISHNAN, JUDGE. ul/-