IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 MACA.No. 921 of 2009() ---------------------- OPMV.2258/2004 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): CLAIMANT ---------------------- M.P.RAJESH, S/O.RAMACHANDRAN NAIR, AGED 33 YEARS, PALAKANDI MEETHAL HOUSE, NELLICODE POST, KOZHIKODE. BY ADV. SMT.K.V.RESHMI RESPONDENTS/ RESPONDENTS: --------------- 1. SANTHOSHKUMAR.P., S/O.APPU NAIR, MAMBUZHAKADAVU HOUSE, POST PALLIPPURAM, OLAVANNA, KOZHIKODE. 2. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, PRAMOD BUILDING, CHEROOTTY ROAD, KOZHIKODE DISTRICT. ADV. SRI.TITUS MANI FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = M.A.C.A. NO. 921 OF 2009 = = = = = = = = = = = = = = DATED THIS, THE 21ST DAY OF JULY, 2010. J U D G M E N T This is an appeal preferred against the award of the Principal Motor Accident Claims Tribunal, Kozhikode, in O.P. (MV) 2258/2004. It is the case of the claimant that while he was walking he was hit by a motor cycle resulting in injuries to him. The claimant did not examine himself before the Tribunal and it appears that he had not produced sufficient documents to satisfy the conscience of the Tribunal. The Tribunal has observed that it is alleged that the driver is one P.K. Rejikumar whereas the claimant has impleaded one Santhosh Kumar as the rider. The Tribunal again felt that the claimant did not appear before the court to give oral evidence and even the vakalath is not proper. It also had strong reservations about the genuineness of the documents. 2. I feel that these are all serious matters. But at the same time, it must be subject to materials one has to arrive at such a decision. I do not say that the conduct of the appellant was upright in prosecuting the case. Learned counsel for the appellant submits before me that if an opportunity is given, the claimant shall produce all possible materials to convince the MACA 921/2009 2 conscience of the court regarding the correctness and genuineness of the claim. But if it is ultimately found that the documents are either fabricated or fraudulent and the person who is impleaded is not the driver, exemplary costs can be awarded. For the lethargic attitude of the claimant, I decline interest from 19.12.2008 till today in case he is found to be entitled to any compensation. Other parties have not entered appearance. The appellant is directed to appear before the Tribunal on 2.9.2010 and take notice to the other respondents. The M.A.C.A. is allowed by way of remand. M.N. KRISHNAN, (JUDGE) knc/-