IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 1425 of 2008() ---------------------------------- OPMV.57/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/3RD RESPONDENT:- ---------------------------------------------- THE NEW INDIA ASSURANCE CO. LTD., REGIONAL TOWERS, KANDAMKULATHY TOWERS, M.G. ROAD, ERNAKULAM, REPRESENTED BY ITS DEPUTY MANAGER. BY ADV. SRI.VPK.PANICKER RESPONDENTS/RESPONDENTS 1 & 2 & PETITIONER: ---------------------------------------------------------------------------- 1. N.NADARAJAN, 5 ANKALA PARAMESWARI COVIL STREET, M.G.R. NAGAR, CHENNAI- 60078 2. R.MOORTHY, S/O RAMASWAMY, 75 MATTAPARAI, NILAKKOTTAI TALUK, DINDIGAL, TAMILNADU. 3. KALIDAS, S/O NADARAJAN, DURGA AMMAN COVIL STREET, ELAPPAKOM P.O., KANCHIPURAM DISTRICT, TAMILNADU. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA. NO.1425/2008 ORDER ON I.A. NO.1673 OF 2008 IN MACA. NO.1425 OF 2008 DISMISSED 06/11/2008. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1425 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Punalur in O.P.(MV)57/03. The claimant therein has been awarded a compensation of Rs.34,250/-. The Tribunal in page 7 of the award referred to a referal card marked as Ext.A7 and awarded the compensation. A perusal of the written statement filed by the insurance company would specifically show in paragraph 3 that they had raised a contention that the claimant has not sustained any injuries out of this accident and that the police records show that the petitioner was not involved and sustained any injuries out of the accident. Learned counsel for the insurance company has made available before me all the police records, charge sheet etc. I had meticulously perused those documents and nowhere in those documents the name of this Kalidas who is the claimant in O.P.57/03 finds a place. There is no wound certificate also produced in M.A.C.A. 1425 OF 2008 -:2:- this case. When the insurance company has taken up a contention regarding the non involvement of this person and prima facie it is substantiated by documents prepared by the police, there is a burden on the claimant to establish that he was involved in the accident and that he sustained injuries as a result of the accident. The Tribunal was not correct, just referring to a referal card which does not reveal about any of these things, in awarding compensation. Therefore the award under challenge so far as it relates to O.P.57/03 is set aside and the matter is remitted back to the Tribunal for fresh consideration. Parties are permitted to adduce both documentary as well as oral evidence in support of their respective contentions. Since the claimant has not chosen to appear before this Court, on appearance, the insurance company is directed to take out notice to the claimant so as to give him an opportunity to substantiate his case. Parties are directed to appear before the Tribunal on 18.12.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-