IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 MACA.No. 329 of 2003() ---------------------- OPMV.838/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- C.G. ASOK KUMAR @ ASOKAN, RESIDING AT VADAKKECHATHANKOTTIL VEEDU, THALAYOLAPARAMBU P.O., VAIKOM. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.R.RAJA RAJA VARMA SMT.M.R.VALSA SRI.SREEKANTH.K.R RESPONDENTS: RESPONDENTS: ------------------------- 1. C.R. SANTHOSH, S/O. RAJAPPAN, RESIDING AT CHENGANAMATTATHIL HOUSE, 372/III, PUTHUPARIYARAM, THODUPUZHA P.O. 2. O.K. ROY, S/O. KURIAN, RESIDING AT ORAPPANKKAL VEEDU, KEEZHOOR P.O., MULAKULAM. 3. THE NATINAL INSURANCE COMPANY LIMITED, THODUPUZHA. BY ADV. SRI.JOE KALLIATH FOR R3 SMT.G.GEETHISHA THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 329 OF 2003 -------------------------------------------- Dated this the 30th day of July, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and counsel appearing for the insurance company. Appellant's claim petition was dismissed by the MACT on the ground that the accident involving the vehicle is not proved. Appellant suffered injury on his leg which led to amputation of part of his leg. The reason stated at the time of admission in the hospital was that stone fell down on his leg. No complaint was filed before the Police about any motor accident which led to injury. However, after three months of the accident a private complaint was filed by the appellant before the Magistrate Court stating that stone fell down on his leg from a truck while the truck was taken in a rash and negligent manner while loading. In view of unduly belated complaint and the conduct of the driver before the Magistrate Court and since the appellant did not narrate the incident involving the truck in the 2 hospital, where he underwent treatement, the Tribunal declined to hold the claim of the appellant as bona fide one. We are in full agreement with the finding of the Tribunal and consequently we dismiss the appeal. However, we feel that this may be a clever effort by the petitioner's employer to shift his liability under the Workmen's Compensation Act to the insurance company. We feel an innocent employee who suffered major injury should not be allowed to suffer on account of this. We therefore make it clear that if the appellant files a claim petition under the Workmen's Compensation Act or under any other labour legislation against employer or even suit for damages, the same should not be rejected on the ground of delay and the matter should be considered sympathetically. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3