IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 MFA.No. 786 of 2002(A) ---------------------------------- OPMV.289/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT: PETITIONER ---------------------------------- RAMAKRISHNAN, S/O. RAMANKUTTY, AGED 40 YEARS, OORAKKATTIL HOUSE, THOMATTUCHAL, AMBALAVAYAL AMSOM, SULTHAN BATHERY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENTS: RESPONDENTS ------------------------------------------- 1. KANAKAN, AGED 36 YEARS, THAYYIL HOUSE, WEST HILL, KOZHIKODE. (DRIVER OF KL-11A/495 VAN.) (*DELETED) 2. USHA, D/O. CHINNAN, THAYYIL HOUSE, WEST HILL, KOZHIKODE (RC OWNER OF KL 11A/495 VAN). 3. M/S.ORIENTAL INSURANCE CO.LTD., KOZHIKODE. (POLICY NO.441002/16/O/MV/94/ 1453) THE NAME OF THE 1ST RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT VIDE ORDER DATED 16.1.2008 ON I.A.. NO. 103 OF 2008 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = M.F.A. NO.786 OF 2002 = = = = = = = = = = = = = = = = = = = Dated this the 28th day of January, 2008 J U D G M E N T -------------------- Appeal is filed against the award passed in O.P(MV) No.289 of 1994 on the file of the Motor Accidents Claims Tribunal, Wayanad, by which the Tribunal had dismissed the claim petition filed by the petitioner on the ground that there is nothing on record to show that the petitioner sustained injuries in a motor vehicle accident. 2. The accident took place on 21.3.1994. According to the petitioner immediately after the accident he was taken to the M.C. Hospital, Mooppainad and given treatment. But no wound certificate from that hospital was produced. Even assuming that the petitioner was taken to some other hospital, no certificate from that hospital was also produced. The appellant produced Exhibit A3, a certificate issued by one Dr.Vinod Govind, Medical Officer, attached to the Government Hospital, Kalpetta. That document shows that the appellant was in fact examined on 25.4.1994 and not on M.F.A.. NO. 786 OF 2002 -: 2 :- 21.3.1994, the date on which the accident occurred. The reasoning of the Tribunal that there is no material on record to show that the appellant sustained injuries in a motor vehicle accident is correct and it does not call for any interference. The appeal is without any merit and the same is only to be dismissed. In the result, appeal is dismissed in limine. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. NO.786 OF 2002 ===================== J U D G M E N T ------------------------------------------- 28TH JANUARY, 2008