IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 MACA.No. 21 of 2009(A) ---------------------------- OPMV.182/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): PETITIONER -------------------------------- SUNDARAN, S/O.SREEDHARAN, AGED 37 YEARS THEKKINKATTIL THARAYIL HOUSE, EDAPPAL.PO., PONNANI TALUK, MALAPPURAM DIST. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S)/ RESPONDENTS : ----------------------------------- 1. RATHEESH.T.R POOLAKKAPARAMBU HOUSE, THEKKINKATTIL THOTTAKKARA OTTAPPALAM P.O., PALAKKAD DIST (DRIVER) 2. SURESH BABU MULLAYAKKAL HOUSE, THOTTAKKARA P.O., OTTAPPALAM P.O., PALAKKAD DIST (OWNER) 3. THE NEW INDIA ASSURANCE CO.LTD TAJ COMPLEX, OTTAPPALAM , PALAKKAD DIST (INSURER) ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 21 OF 2009 = = = = = = = = = = = = = = = Dated this the 25th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(MV)182/07. The claimant is alleged to have sustained injuries in a road accident while he was crossing the road. The claimant did not mount the box. He did not produce any document other than the FIR to prove the accident. The Tribunal noted that he has not got himself examined as a witness and that no copy of the charge sheet is even produced. So there is a total lack of supply of materials for the Court to decide the question. So when the matter came up for admission I also granted sufficient opportunity to produce charge sheet at least to satisfy my conscience regarding the accident. Here also the appellant has not produced the charge sheet. So the inevitable conclusion is that in the absence of reliable materials this Court also cannot come to the conclusion M.A.C.A. 21 OF 2009 -:2:- regarding the accident and negligence. Therefore I decline to interfere with the award passed by the Tribunal and the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-