IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 MACA.No. 2117 of 2005() ----------------------- OPMV.417/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JABHAR, S/O.ALI, VALIYAVEETTIL HOUSE, AZHAKAM, KODAKARA P.O., THRISSUR DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.SREEKANTH.K.R SMT.THARA THAMBAN RESPONDENT(S): --------------- 1. M.C.SIDHARTHAN, S/O.M.S.CHAMY, MALAKARAN HOUSE, MATTATHURKUNNU P.O., VASUPURAM, TRISSUR DISTRICT. 2. M.H.JAMAL, S/O.HAMEED, MELEPURAYIDAM HOUSE, KAVUMTHARA, KODAKARA P.O., TRISSUR DISTRICT. 3. THE MANAGER NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, 2ND FLOOR, VELLANIKARAN BUILDING, MAIN ROAD, IRINJALAKUDA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2117 OF 2005 --------------------------------- Dated this the 15th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.417/1998. The claimant, alleged to be a passenger in an autorickshaw, sustained injuries in a road accident when it overturned after hitting a cyclist. The tribunal dismissed the claim application on the ground that in the wound certificate it is stated that the sustainment of injuries is due to a scooter accident and further on the extraction of the F.I. Statement given by the brother of the cyclist who also sustained injuries in the road accident. 2. The learned counsel for the appellant made available before me for perusal the F.I. Statement and A.M.V.I report given by the brother of the cyclist who sustained injuries in the accident. The A.M.V.I report would reveal that the front left side body of the autorickshaw was bended and a reading of the F.I. Statement given by Mr. Jose on 15.1.97 at about 5.15 p.m. would show that while he and his brother Varghese were proceeding in two bicycles to Trichur town, an autorickshaw came from behind and hit on the M.A.C.A.No. 2117/2005 -2- cycle of the brother which resulted in fall of the brother and sustainment of injuries. It is true that it is stated in the F.I. Statement that the autorickshaw proceeded further and was stopped. In the very next sentence he had stated before the police that the autorickshaw overturned and the passenger in the autorickshaw also sustained injuries. So I feel the tribunal was really technical in dismissing the application. If really the claimant had sustained injuries, he is entitled to get compensation and there was no need for the brother of the cyclist to give a false story before the police immediately after the accident especially when there was no connection between the passenger in the autorickshaw and the cyclist. The claimant would have proved his case better by finding out what has happened to the claim petition filed by the brother of the cyclist or what has happened to the criminal case. If better materials were furnished, it would have cleared the mind of the tribunal especially in the back drop in the wound certificate that the cause of injury is stated to be a fall from a scooter. 3. Therefore I am inclined to grant an opportunity to the claimant to produce documents and adduce evidence in support of his contentions and other parties are also permitted to do the same. M.A.C.A.No. 2117/2005 -3- In spite of notice to the Insurance Company, nobody has entered appearance in this court . Therefore I direct the claimant to take fresh notice to all the respondents from the tribunal so as to affix them the knowledge of the case. The award under challenge is set aside. Parties are directed to appear before the tribunal on 16.01.2009. M.N. KRISHNAN,JUDGE vkm