IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MFA.No. 301 of 2002(B) ---------------------- OPMV.251/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA .................... APPELLANT/ PETITIONER: ------------------------- RANJITH C.V., AGED 18 YEARS, S/O. C.T.VARGHESE, S/O. THOMAS, CHELAKKAL HOUSE, NEERVANAM P.O., PANAMARAM AMSOM DESOM, MANANTHAVADY. BY ADV. SRI.N.J.ANTONY RESPONDENTS/RESPONDENTS. --------------------------- 1. CHENAKKAL SUNNY, S/O. JOHN, EACHORE P.O., ANJUKUNNU AMSOM, MANANTHAVADY TALUK (DRIVER OF JEEP KED 5100). 2. T.ABDULLA, SHAHIDA MANZIL, CLUB KUNNU, MANANTHAVADY P.O., (OWNER OF JEEP NO.KED 5100) 3. THE ORIENTAL INSURANCE CO.LTD., VADAKARA (POLICY NO.441603/29/12400/62082/92) THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A No. 301 OF 2002 --------------------- Dated this the 31st day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, Kalpetta, in OP(MV) 251/93. The claimant, a minor boy at the time of accident, is alleged to have sustained injuries in a road accident. The Tribunal disposed of the case in 2001. Till that time the claimant did not produce even a single scrap of paper to establish the claim. In spite of repeated opportunities, the claimant did not make use of the same. The Tribunal ultimately has to dismiss the case for lack of evidence. 2. It is true that the provisions under the Act are beneficial in nature. But, it does not mean that compensation has to be awarded when it is not properly pursued without producing the documents. There is no reasonable explanation forthcoming for non-prosecution and that even the appeal is filed with delay. So I find this is a case of gross negligence and grave misconduct. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps 2