IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 MACA.No. 2750 of 2009() ----------------------------------- OPMV.827/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA. .............. APPELLANT/RESPONDENT NO.2 ----------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., 2ND FLOOR, SRI RAM ARCADE, OPP HEAD POST OFFICE, UDUPI, REPRESENTED BY ITS MANAGER. BY ADV. MR.KKM.SHERIFM, MR.ZIYAD RAHMAN. RESPONDENTS/PETITIONER AND RESPONDENT NO.1 ------------------------------------------------------------------------------ 1. SUNIL. P., S/O.BALAKRISHNAN, PUTHIYOTTIL HOUSE, P.O.VENGALAM, KORAPUZHA, KOZHIKODE. 2. K.C. BABU, S/O.CHANDY BABY MARINE EXPORTS WEST HILL, CALICUT DISTRICT. R2 BY ADV. MR.E.NARAYANAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 2750 of 2009 ORDER ON I.A. NO.3252/2009 IN MACA NO.2750/2009 DISMISSED 20/01/2010. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2750 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Vadakara in O.P.(MV)827/06. The claimant, a driver by profession sustained injuries in a road accident and he has been awarded a compensation of Rs.74,566/-. The insurance company after obtaining leave u/s 170 had contested the case. The claimant was initially treated in the Pariyaram Medical College Hospital and X-rays were taken and the wound certificate does not reveal any bony injury. Later he was admitted in the Baby Memorial Hospital where large number of fractures were detected and medical expenses of about Rs.47,000/- was said to be charged. It is seen from the award that the fractures sustained are the fracture of the lateral condyle and fracture on the first metatarsal. If really the petitioner had sustained these fractures and had undergone treatment the records kept in the ordinary course of business of the hospital would M.A.C.A. 2750 OF 2009 -:2:- reveal the treatment undergone by the person. Nobody will apply a plaster or undergo a surgery if there is no fracture. Now the insurance company had entertained a doubt regarding the correctness of the claim on the ground that the claimant is a driver of an institution which is the sisterly concern of the hospital. Men may lie but the circumstances will never lie and therefore the best possible method is to summon the medical records and if necessary permit the claimant to examine doctors so that the case can be properly disposed of. Ultimately if it is found that the insurance company had raised a contention for contention sake I also direct the Tribunal to order exemplary cost because such shall not be the attitude of a public institution towards a person who was really injured. So 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. Since the claimant has not entered M.A.C.A. 2750 OF 2009 -:3:- appearance through a counsel in this Court I direct the insurance company to take out summons to the claimant and let the matter be disposed of in his presence. The parties are directed to appear before the Tribunal on 23.2.2010. M.N. KRISHNAN, JUDGE. ul/-