IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 MACA.No. 100 of 2009(B) ---------------------- OPMV.949/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S)/ PETITIONERS -------------------------------------- 1. SRI. ALIYAR, S/O. MOHAMMAD KOIKAMOLAIL HOUSE, MULAVOOR KARA, MULAVOOR VILLAGE. 2. SRI. KUNJUMON, S/O. MOHAMMAD KOIKAMOLAIL HOUSE, MULAVOOR KARA, MULAVOOR VILLAGE. 3. SRI. MOIDU, S/O. MOHAMMAD KOIKAMOLAIL HOUSE, MULAVOOR KARA, MULAVOOR VILLAGE. 4. SRI.PAREETH S/O. MOHAMMAD KOIKAMOLAIL HOUSE, MULAVOOR KARA MU MULAVOOR VILLAGE. 5. SMT. PATHUKUTTY W/O. ANTHEW, PLAMUTTIL HOUSE, PUTHUPADY, KOTHAMANGALAM VILLAGE. 6. SMT. NABEESA, W/O. ASSAI, MATTATHIL HOUSE, PUTHUPADY, KOTHAMANGALAM VILLAGE. 7. SMT. RUKHIYA W/O. BAKKER, PERIMBINCHALIL HOUSE,KUDAMANDA P.O. POTHANICAD VILLAGE. BY ADV. SRI.N.ANILKUMAR RESPONDENT(S)/ RESPONDENTS : --------------------------------------- 1. SRI.K.A. SHAMZ S/O. ALI, KOCHUKUDY VEEDU, NELLIKUCHY KARA, DL NO EML 2069/97 VALID UPTO 22 10.2002 2. A.P. MEERAN, S/O. PAREETH, ALAKKAL HOUSE, NELLIKUZHY P.O., KOTHAMANGALAM. 3. M/S ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, CHURCH VIEW JUDITION, KOTHAMANGALAM. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 100 OF 2009 = = = = = = = = = = = = = = = Dated this the 10th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)949/04. An 85 year old lady died and it is alleged that it is on account of a road accident. The Tribunal merely relying upon the statement in the wound certificate or in the hospital records jumps to the conclusion that the cause of injury is on account of a giddiness and fall in the house and dismissed the application. The Tribunal shuts its eyes to the documents prepared by the investigating agency and produced before the Tribunal. There are false cases before the Tribunal but the court has to convince itself that it is a false case with the materials available on records. The court did not attempt to do it. Interestingly the claimants also did not adduce proper evidence to establish and satisfy the conscience of the Court that the injury was sustained on account of a motor accident. M.A.C.A. 100 OF 2009 -:2:- I think better wisdom will prevail on the claimants and they can produce documents and adduce evidence and if necessary examine the investigating agency so that the real picture will be before the Court for a proper disposal of the matter. 2. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence. I make it clear that I am not expressing any opinion on the merits of the case. Parties are directed to appear before the Tribunal on 19.4.2010. M.N. KRISHNAN, JUDGE. ul/-