IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 MACA.No. 1425 of 2009() ----------------------- OPMV.1055/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/IST RESPONDENT:- ------------------------------------ NAZIR, PANACHIYIL HOUSE, KANAKAPPALAM P.O., ERUMELI, KOTTAYAM DISTRICT. BY ADV. MR. P.A.MOHAMMED SHAH MR. P.H.SHAJAHAN MR. MOHAMMED SHABEER RESPONDENTS/APPLICANT & RESPONDENTS 2 & 3:- ---------------------------------------------------------- 1. ANISH JOSEPH, S/O.JOSEPH, KARAKKATTU HOUSE, ERUMELI P.O., KOTTAYAM DISTRICT. 2. P.M.ZAKIR HUSSAIN, S/O.MOHAMMED KUNJU, PANACHIYIL HOUSE, KANAKAPPALAM P.O., ERUMELI, KOTTAYAM DISTRICT. 3. ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, THODUPUZHA – 685 584. ADV. MR. GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- M.A.C.A. No. 1425 of 2009 ------------------------------------------------------------ Dated this the 6th day of August, 2009. JUDGMENT The 1st respondent in O.P.(M.V) No. 1055 of 2006 on the file of the Motor Accident Claims Tribunal, Pala is the appellant in this appeal. As per the findings of the Tribunal, the accident took place on 24.10.2006 while the claimant/1st respondent was travelling on his motorcycle from Erumely to Karimkallummoozhy. The autorickshaw of which the appellant is the owner came from opposite direction and dashed against the claimant's motorcycle resulting in the claimant sustaining injuries. The Tribunal awarded a total amount of Rs.77,600/- as compensation due to the claimant. Since the driver of the autorickshaw did not have a valid badge, the Tribunal directed the Insurance Company to pay the amount and permitted the company to recover the same from the appellant. 2. The learned counsel for the appellant submitted that the appellant is a fish vendor and the finding regarding the negligence is recorded merely on the basis of Ext.A1 FIR. M.A.C.A. No. 1425/2009 : 2 : 3. The First Information Report registered by the Erumely police can certainly constitute a relevant material enabling the Tribunal to find negligence in the absence of any allegation to the effect that the FIR was the product of fraud or collusion. The finding of negligence recorded by the Tribunal below is on the basis of the evidence before it. This Court sitting in appeal, will be loath to interfere with the said finding. Admittedly, the driver of the appellant's auto rickshaw did not have the requisite badge and it amounts to violation of a policy condition entitling the Insurance Company to pay the amount and recover the same from the appellant. I see no ground to interfere with the conclusions reached by the Tribunal. This appeal is accordingly dismissed. The appellant is given three months' time to deposit the amount before the Tribunal and the recovery proceedings shall be kept in abeyance for the said period. Dated this the 6th day of August, 2009. V. RAMKUMAR, JUDGE. rv M.A.C.A. No. 1425/2009 : 3 :