IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 MACA.No. 612 of 2010() ---------------------- OPMV.1453/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/THRID RESPONDENT IN THE O.P(MV) -------------------------------------------- THE UNITED INDIA INSURANCE CO.LTD., THIRUVANANTHAPURAM REPRESENTED BY THE REGIONAL MANAGER UNITED INDIA INSURANCE CO.LTD., OFFICE OF THE REGIONAL MANAGER, HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENTS/PETITIONERS AND RSPONDENTS 1 AND 2 IN THE O.P.(MV): --------------- 1. B.GIRISH KUMAR, S/O.BALAKRISHNAN NAIR, VARUVILA MELE PUTHEN VEEDU, PUNCHAKARI, THIRUVALLAM P.O., NOW RESIDING AT ANISH BHAVAN, ARALUMMOODU, NEYYATTINKARA. 2. C.HEMACHANDRAN, CHEMPANVILA VEEDU, VAZHAMUTTOM, PACHALLOOR P.O., THIRUVANANTHAPURAM-27. 3. M.RAJASEKHARAN NAIR, ANGODE THEKKUMTHALA VEEDU, KARUMON, THIRUVANANTHAPURAM-2. R1 BY ADV. SRI.G.S.REGHUNATH R2 BY SRI.M.SREEKUMAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ..................................... M.A.C.A No.612 of 2010 ..................................... Dated this the 11th day of August, 2010 J U D G M E N T -------------------------- This is an appeal preferred against award of the Motor Accidents Claims Tribunal, Neyyattinkara in OP (MV) No.1453/2003. The claimant contended that while he was walking along the road a motor cycle came in a negligent manner hit the claimant and thereafter hit on an autorickshaw. 2. It is contended by him that he has sustained injuries in a road accident. The insurance Company had denied the same. Admittedly no where in the police records the name of the claimant is seen as involved in the occurrence. Even the Tribunal has found that Exhibit X1 file does not reveal the same. But there is one document which is prepared on 20.02.2000, the date of accident, from the Medical College Hospital where the claimant has stated that he had sustained injuries on account of an 2 M.A.C.A No.612 of 2010 accident involving a bike and an autorickshaw. Whether it is this bike and autorickshaw is the matter which one has to prove. Merely because a statement is recorded in the wound certificate. It cannot be a substitute for proof. Therefore, it is desirable that an opportunity is given to the claimant to adduce satisfactory evidence before the Tribunal to connect the injuries with the accident alleged in the petition. Therefore, the award under challenge is sustained and matter is remanded back to the Tribunal with a direction to permit the concerned to produce documentary as well as oral evidence in support of their contention and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 22.09.2010. M.N.KRISHNAN, JUDGE. rkc The word "sustained" occurring in the last paragraph of the judgment dated 11.08.2010 in M.A.C.A No. 612/10 is substituted with the word "set aside" as per order dated 15.09.2010 in I.A. No. 2251/2010. Registrar (Judicial)