IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 165 of 2004() ---------------------- OPMV.155/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. KALYANI, W/O. LATE RAMAKRISHNAN, NANATTI HOUSE, KANAKAMALA, KODAKARA VILLAGE. 2. SHEELA, D/O. LATE RAMAKRISHNAN, -DO- -DO-. 3. SHEEBA, D/O. LATE RAMAKRISHNAN, -DO- -DO-. 4. PARU, M/O. LATE RAMAKRISHNAN, -DO- -DO-. BY ADV. SRI.T.N.MANOJ SRI.DINESH R.SHENOY RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. P.RAJAN, S/O. PARAMESHWARAN PILLAI, VIJI NIAS, CHUTTUPADAKKU KARA, EDAPPALLI, COCHIN. 2. BABU, S/O. KAJA HUZAIN, MANAKKULANGARA PARAMBIL HOUSE, VASUPURAM, MATTATHOOR, KODAKARA VIA. 3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, CHALAKKUDY. BY ADV. SRI.ASP.KURUP - R1 SRI.SADCHITH.P.KURUP - R1 SRI.MATHEWS JACOB (SR.) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.A.C.A.No.165 OF 2004 ------------------------------------- Dated 13th June, 2008 JUDGMENT Koshy,J . A man aged 46 years was found lying unconscious in the National Highway on 14.2.1993 at about 8 p.m. and as per the wound certificate one Ravindran brought him to the hospital. It was not reported that it is a road traffic accident. After 10 days he died. After the death, on 24.2.1993 F.I.R. was filed. There also it is only stated that at about 7 p.m. the deceased was found lying in front of a tea shop on the southern side of the National Highway and after 10 days he died. There also it is not stated that it was a road traffic accident. Number of the vehicle etc. were not mentioned. Dependents of the deceased filed an application for compensation claiming that accident occurred due to the negligence of the second respondent driver of the tempo van owned by the first respondent and insured by the third respondent insurance company. In support of the contention that the accident occurred as alleged, claimants produced charge sheet issued and also examined a witness (PW2) who is stated to have actually seen the accident. The Tribunal disbelieved PW2. If the accident occurred between 7 p.m. and 8 p.m. on 14.2.1993 in front of a tea shop, people in the locality would have MACA.165/2004 2 noticed the number of the vehicle or at least reported to the police that it is a road traffic accident. PW2 also would have informed the police. He did not take the injured to the hospital. Whereas, another man was in the hospital with the injured person. He was not examined. Further, PW2 says that he along with one Salish Babu (may be R2) had seen the accident and Salish Babu is the person who took the vehicle on Kychit from the police station. If he has seen the accident, FIR would have been registered on the same day, but, FIR was registered on 24.2.1993. Therefore, the Tribunal correctly disbelieved PW2. There is no evidence to show that he died due to hit by a vehicle. The only evidence is that he was found lying injured on the southern side of the National Highway and the person who brought him to the hospital stated to the hospital authorities that he was found injured on the road. There is no other evidence in this case. PW2 has deliberately given false evidence before the Court. The Tribunal rightly held that claimants were unable to prove that the deceased died due to the negligence of the driver of the tempo van insured by the third respondent insurance company. As rightly held by the Tribunal, after the incident the parties with the connivance of the police found out a friend of them as witness and police filed charge sheet and a false case was made. In Ext.B1 judgment in the criminal case also shows that finally, the driver was acquitted as the incident MACA.165/2004 3 was not proved. We fully agree with the Tribunal. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks