IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 MFA.No. 1171 of 2002() ---------------------- OPMV.922/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: PETITIONER IN O.P(M.V.) NO.922/96. ------------------- A.N.THOMMY, AGED 46 YEARS, S/O.NICLOVAS, ARACKAL HOUSE, NORTH OF CHALA KADAVU BUS STOP, KANDAKADAVU, COCHIN-8. BY ADV. SRI.R.SUDHISH SMT.MANJU SUDHISH RESPONDENTS: RESPONDENTS ------------------------ 1. N.G.MURALI, S/O.GOPALAN, CHAVELIPADATH HOUSE, EROOR P.O., TRIPUNITHURA. 2. DILEEP, S/O.THANKAPPAN, ARIKKATHIL HOUSE, WEST OF CHOTTANIKKARA TEMPLE, CHOTTANIKKARA P.O., ERNAKULAM DISTRICT. 3. UNITED INDIA INSURANCE CO.LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, "SHARANYA" HOSPITAL ROAD, COCHIN-11. BY ADV. SRI.P.MURALEEDHARAN - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1171 OF 2002 ------------------------------------- Dated 28th February, 2008 JUDGMENT Koshy,J . Appellant/claimant at the age of 38 sustained serious injuries in a motor accident. He filed an application for compensation before the Motor Accidents Claims Tribunal, Ernakulam contending that on 28.10.1995 he was travelling in the bus having registration No.KL-7/J 1362 and when it reached on the east of Chemmeens junction, the second respondent suddenly swerved the vehicle towards left and consequently the appellant was thrown out from the bus and sustained serious injuries. Immediately he was taken to Goutham hospital which was very near to the place of accident and thereafter he was referred to Medical Trust Hospital, Ernakulam on the next day. First respondent was the owner of the bus, third respondent was the insurer and second respondent was driving the bus. According to the appellant, the accident occurred due to the negligence of the second respondent driver of the bus who swerved the vehicle towards left in a rash and negligent manner. Tribunal found that the appellant was injured, but, how the injuries occurred was not proved. According to the Tribunal, even though wound certificate issued from Goutham hospital was proved, details of I.P.No. and treatment certificates from Goutham hospital were MFA.1171/2002 2 not produced and in the wound certificate issued by the Medical Trust Hospital it was stated that he was referred from Goutham hospital. No evidence was adduced by the respondents. PW1 very clearly stated that the accident occurred on 28.10.1995. Ext.A1 is the F.I.R. registered on 29.10.1995 on the next day after admitting in the Medical Trust Hospital. Ext.A4 is the wound certificate issued by doctor of Medical Trust Hospital. He was admitted in the Medical Trust Hospital on 29.10.1995. He was referred from Goutham hospital and the history and cause of alleged accident was mentioned as “fell down from a running bus at Thoppumpady”. PW3, Dr.Ramayya of Goutham Hospital, was examined to prove that appellant was admitted in the Goutham Hospital and thereafter referred to the Medical Trust Hospital. He proved that Ext.A14 is the accident register-cum- wound certificate issued from the Gouthem Hospital on 28.10.1995. He also stated that the appellant was brought to the hospital by Sunil Kumar who was the conductor of the bus. Merely because registration number of the bus was not mentioned in the wound certificate, alleged cause of accident cannot be disbelieved. Considering these submissions, we are of the opinion that Tribunal went wrong in disbelieving the claimant. His evidence was not seriously cross examined. On the same day of the accident he was brought to Goutham Hospital. Of course, the accident occurred by falling from a running bus after 5 p.m. and from the Goutham Hospital on the next day early morning he was referred to Medical MFA.1171/2002 3 Trust Hospital. In the wound certificate issued by Medical Trust Hospital it is specifically stated that the claimant was referred from Goutham Hospital, but, accident was due to fall from running bus. PW3 was examined to prove the case of the appellant that he was first admitted in the Goutham Hospital for the accidental injury and thereafter only referred to Medical Trust Hospital. We are of the view that Tribunal ought to have accepted the fact that the accident occurred due to fall of the claimant from the bus and sustained injury. Then the question is whether injury was caused due to the negligence of the driver of the bus, whether there is valid insurance at the time of accident, what is the injury sustained by him and the extent of compensation payable to him. These matters are not discussed by the Tribunal. In the above circumstances, we set aside the award and remand the matter for adjudicating the matter on merit. Parties shall appear before the Tribunal on 8.4.2008. Both parties are allowed to adduce further evidence, if any. The appeal is allowed by way of remand. J.B.KOSHY JUDGE K.HEMA JUDGE tks