IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 MACA.No. 1512 of 2007() ---------------------------------- OPMV.4/1998 OF PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: ----------------------------------- SANTHA P., W/O. V.KARUNAN, AGED ABOUT 60 YEARS, KATTADATH HOUSE, ERANHIKKAL, KOZHIKODE. BY ADV. SRI.JIJI THOMAS PAMBACKAL SMT.SMITHA JIJI PAMBACKAL RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. T. UMMER, S/O. HASSAN, THATTARI HOUSE, ERANHIKKAL P.O., KOZHIKODE. 2. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, P.B.NO.27, SREENIDHI BUILDING, VATAKARA, KOZHIKODE. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.1512 OF 2007 ===================== Dated this the 29th day of October 2008 JUDGMENT This appeal is preferred against the award of the Prl.Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)No.4 of 1998. The grievance of the appellant is that in spite of having a disability certificate the Tribunal did not consider it and therefore the matter requires interference. The Tribunal was not pleased with the disability certificate of the Medical Board and therefore held that without examining a Doctor that disability certificate could not be accepted. Thereafter the Tribunal in order to have a personal verification and satisfaction, directed the claimant to be present before the court and it is recited in the award that in spite of repeated directions, the claimant did not choose to appear before the court. This shows that the claimant wants to avoid the court and therefore the Tribunal was perfectly justified in drawing an adverse inference and negativing the claim. It is true that the provisions for compensation is a beneficial piece of legislation intended to confer benefit on the affected victims. It is never contemplated that there can be violation of the directions of the court or MACA 1512/2007 -:2:- suppressing materials before the court claim compensation on technicalities. This is not to be entertained. Therefore I do not want to interfere with the decision rendered by the Tribunal and so the appeal is dismissed. M.N.KRISHNAN, JUDGE Cdp/-