IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 MACA.No. 88 of 2004(C) ---------------------- OPMV.50/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/3RD RESPONDENT ----------------------------------------- NATIONA;L INSURANCE COMPANY LTD., MANJERI. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: CLAIMANT AND R1 AND R2 ------------------------------------------------- 1. C.A.AYYOOBKHAN S/O. ALI, SEKHARATIL HOUSE, VADAPURAM POST. 2. MUJEEB RAHMAN S/O. ABU, MADATHIL HOUSE, MAMPAD AMSOM, NILAMBUR. 3. ALI S/O. HASSAN, SEKHARATIL HOUSE, VADAPURAM, NILAMBUR. BY ADV. SRI.K.P.MUJEEB FOR R1 SRI.DILIP MOHAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 88 OF 2004 = = = = = = = = = = = = = = = Dated this the 19th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)50/98. The Tribunal has awarded a compensation of Rs.34,500/- and directed the insurance company to deposit the amount. The insurance company had challenged the award on the ground that it had denied the accident and the Tribunal had erroneously arrived at a decision on that point. Learned counsel for the insurance company had made available before me a copy of the wound certificate as well as F.I. Statement given by the claimant. A perusal of the wound certificate would reveal that according to the claimant the accident had taken place on 18.9.97 at 1.30 p.m. and it was when they were loading a lorry at Malappuram. The photocopy of the wound certificate would reveal that the hospital authorities had issued it. The F.I. Statement would show that the accident had taken place on 20.9.97 while he M.A.C.A. 88 OF 2004 -:2:- was walking along the road. A reading of the Tribunal's award would also show that in Ext.A2 discharge summary the hospital authorities had recorded that he had taken inpatient treatment for five days in the Alshifa Hospital and closed manipulative reduction and above knee plast was given on 18.9.97. It is also seen that he was treated as in inpatient in the hospital for 5 days from 18.9.97 and really a F.I. Statement is obtained from him on 25.9.97 as if he is in the hospital. The cause of accident is also totally different. Therefore one cannot believe the factum that the accident had taken place on 20.9.97 as alleged by the claimant. The documents produced by him itself, i.e. Ext.A5 would show that he had sustained injury on 18.9.97. Men may lie but circumstances will never lie. To crown all these things the claimant did not mount the box to give any evidence. I do not know how the Tribunal arrived at a decision when there is such concrete and basic materials available to hold otherwise. It is also to be stated the lorry involved in the accident belongs to his father. So the factum that the M.A.C.A. 88 OF 2004 -:3:- accident had taken place on 20.9.97 has to be totally disbelieved and therefore I hold that the insurance company's contention of denial of the accident appears to be probable and acceptable. Therefore I vacate the finding of the Tribunal, allow the appeal and dismiss the claim petition. If the amount is in deposit let it be reimbursed to the insurance company. M.N. KRISHNAN, JUDGE. ul/-