IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MACA.No. 423 of 2007() -------------------------------- OPMV.3366/2001 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP(MV) ------------------------------------------------------ ABRAHAM, S/O ANTONY, AGED 45 YEARS, RESIDING AT CHENGALAM THAKIDIYIL HOUSE, P.O.THIRUVAMBADI, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDDEEN RESPONDENT(S): RESPONDENTS IN OP(MV) ---------------------------------------------------------------- 1. MOIDEEN, S/O MUHAMMED, AGED 35 YEARS, RESIDING AT MAVAYI HOUSE, KODIYATHOOR AMSOM DESOM, P.O.KODIYATHOOR, KOZHIKODE. (OWNER AND DRIVER OF THE TRACTOR NO.KL-11/K 4985) 2. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, VELIMANNA BUILDING, THAMARASSERY. (INSURER OF THE TRACTOR NO. KL-11/K 4985) BY ADV. SRI.PMM.NAJEEB KHAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.423 OF 2007 ===================== Dated this the 25th day of November 2008 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.3366 of 2001. The claimant, a pillion rider to a motor bike sustained injuries in a road accident and according to him, he sustained injuries on account of a rash and negligent driving by a tractor which hit on the motor bike. The Tribunal dismissed the claim on the ground of lack of genuineness. The Tribunal found that though the accident is alleged to have taken place on 29.4.2001, the first information statement is given only on 11.5.2001. It is submitted that he was treated in Santhi hospital, Mukkam primary centre as well as in the Medical College Hospital. The trend of the claimant is to contend that he was initially admitted in Santhi Hospital. But a document relied upon by him in the form of Ext.A5 is issued by a Doctor from the Medical College Hospital stating that he was under treatment there from 29.4.2001 to 5.5.2001. There is no consistent case at all for the claimant. It is recorded by the Tribunal that the wound certificate has been issued by another Doctor MACA 423/2007 -:2:- and it appears to be a fabricated document. The Tribunal got convinced that the documents relied upon are not genuine documents. A reading of the award would show that all is not well with the claimant in putting forward the claim. Therefore I do not want to interfere with the finding whereby the Tribunal has not believed Exts.A1 to A5. Therefore the appeal lacks merit and the same is dismissed. M.N.KRISHNAN, JUDGE Cdp/-