IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 MACA.No. 423 of 2004() --------------------------------- OPMV.233/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT (CLAIMANT BEFORE THE TRIBUNAL) ----------------------------------------------------------------------- SHIJO, S/O. ULAHANNAN, MECHERIL HOUSE, AMBALAKAVALA, KATTAPPANA. BY ADV. MR.S.SACHITHANANDA PAI RESPONDENTS/(RESPONDENTS BEFORE THE TRIBUNAL) ----------------------------------------------------------------------------------- 1. MR. TOMY, S/O. KURIEN, MECHERIL HOUSE. KUNTHALAMPARA, KATTAPPANA P.O. 2. NATIONAL INSURANCE COMPANY LTD, THRIPUNITHARA. 3. MR. SOY VARGHESE, PARAMBILPADICKAL HOUSE, MUTTOM P.O., THODUPUZHA. R2 BY ADV. MR.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.423 OF 2004 ............................................. Dated this the 16th day of September, 2009 J U D G M E N T This is an appeal preferred against the award passed by the Claims Tribunal, Thodupuzha in O.P.(MV)No.233/1998. It is the case of the claimant that while he was travelling in an auto rickshaw bearing Registration No.KL 7 M 6058, it overturned resulting in sustainment of injuries to him. The learned Tribunal found that the case is not proved properly and the vehicle involved is also not properly proved and therefore, after fixing the compensation, dismissed the case. It is against that, the present appellant has come up before this court. 2. Ext.A6 is the wound certificate issued by St. John's Hospital, Kattappana dated 26.5.1997 and it would show that he was admitted on that date and discharged on 11.6.1997 and column-7 wherein history and alleged cause of injury is left blank. But I find in Ext.A7- a certificate issued by St. John's hospital, there a statement is made "that an alleged history of RTA". Until and unless one is able to prove that there is some entry in the case sheet maintained by St. John's hospital, the M.A.C.A.NO.423 OF 2004 2 mere statement that "history of RTA" may not be sufficient. Similarly the law was set in motion by filing a private complaint which is marked as Ext.A1 in this case. Therein the number of the vehicle is shown as KL 7 6087. But when the investigation was completed, a charge sheet was filed to the effect that the vehicle involved in the accident is KL 7 M 6058. From where the investigating agency got this number is not supported by any documentary evidence in this case. Just because a wrong number is shown in the private complaint that should not defeat the ends of justice provided there is adequate and sufficient evidence to establish that the proper number of the vehicle which was involved in the accident was KL 7 M 6058. This can be proved because the police has to find a reason for changing the number and certainly it would have been there in the investigation conducted by them. Therefore if the case diary is summoned and properly proved, it may throw some light on the subject. So, the original records maintained by St. John's Hospital coupled with the case diary may indicate about the genuineness of the claim. I do not want to deprive the claimant from getting any compensation, M.A.C.A.NO.423 OF 2004 3 if his case is genuine. Therefore, I am inclined to give an opportunity to him to produce or summon sufficient documents to prove his case and also by adducing further evidence. Therefore, the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The parties are directed to appear before the trial court on 12.11.2009. The lower court shall try to dispose of the matter as expeditiously as possible. M.N.KRISHNAN, JUDGE cl