IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 MACA.No. 810 of 2009() ----------------------------------- OPMV.289/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT/3RD RESPONDENT. ------------------------------------------------ THE NATIONAL INSURANCE CO. LTD, CHANGANACHERRY, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, 2ND FLOOR, OAMANA BUILDING, M.G.ROAD, KOCHI-35. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/CLAIMANT/RESPONDENTS/RESPONDENTS 1 & 2. ------------------------------------------------------------------------------------------------ 1. C.K. SOMAN, CHERUVUPURAYIDATHIL VEEDU, KOTTATHODU, THIRUVALLA. 2. TITUS P.VARGHESE, PALALMOOTTIL VEEDU, KUTTUPUZHA P.O., VARIKKADU,THIRUVALLA. 3. RETNAMMA P.N, SOORAJ BHAVAN, MEENTHALAKKARA, MANJADI P.O., THIRUVALLA. R1 BY ADV. SRI.C.K.SASI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 810 of 2009 ORDER ON I.A.NO.1030/2009 IN MACA NO.810/2009 DISMISSED 30/09/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 810 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of September, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pathanamthitta in O.P. (MV)289/01. The claimant while riding on a bicycle was hit by a Kinetic Honda scooter which resulted in injuries and the Tribunal has awarded a compensation of Rs.11,900/- and directed the insurance company to pay the amount. It is against that decision the appeal is preferred. 2. Heard the learned counsel for both the sides. The point of dispute between the parties is now regarding the vehicle which is actually involved in the accident. The fact that the claimant had sustained injuries in a road accident is an undisputed fact. According to the claimant at the stage of filing the petition the vehicle M.A.C.A. 810 OF 2009 -:2:- involved in the accident is KL-3/8916. But the insurance company would contend in the first information statement, in the first information report and in the wound certificate the vehicle number given is KL- 5A/8469. Now the Investigating Officer attached to the insurance company had conducted an investigation and found that the vehicle KL-5A/-8469 also belongs to one Retnamma who was the rider of the scooter at the time of the accident. It is submitted by him that the said vehicle was withdrawn from being produced and another vehicle belonging to one Titus Varghese has been produced before the police for the purpose of the case. It is true that one may not be able to correctly find out the number of a vehicle immediately after the accident. But here it can be seen the claimant immediately after the accident on 1.11.00 had given the number of the vehicle as KL-5A/8469. In the wound certificate which is M.A.C.A. 810 OF 2009 -:3:- marked as Ext.A6 also the number is given as KL-5A/ 8469. There was no bad intention for any person at that point of time to include a wrong vehicle to be involved in the accident. But to my utter dismay insurance company did not cross-examine RW1. It has to be deprecated. I do not want to add further on that and it is also interesting to note that the alleged vehicle was produced before the police station only on 18.11.00 whereas the accident had taken place on 1.11.00. That is why it is stated that “men may lie but circumstances will never lie”. So this is a matter which requires reconsideration by the Court. Therefore I set aside the award and remit the case back to the Tribunal for fresh consideration and the parties be directed to produce both documentary as well as oral evidence in support of their respective contentions and then the matter be disposed of in accordance with law. M.A.C.A. 810 OF 2009 -:4:- 3. Needless to say the claimant can also amend his petition so as to claim compensation from the appropriate party. Parties are directed to appear before the Tribunal on 2.11.2010. M.N. KRISHNAN, JUDGE. ul/-