IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 MACA.No. 1808 of 2006() ------------------------------------ OP MV.1081/2002 of MACT MUVATTUPUZHA .................... APPELLANT/PETITIONER: ---------------------------------- K.P. CHACKO, S/O.PAULOSE, AGED 58 YEARS, RESIDING AT KARIKKATTIL HOUSE, MEKKADAMBU P.O., VALAKAM VILLAGE, MUVATTUPUZHA. BY ADV. SMT.ANNIE PAUL SRI.PHILIP J.VETTICKATTU RESPONDENTS - RESPONDENTS -------------------------------------------- 1. K.P. VASUDEVAN NAIR, S/O.PADMANABHA PILLAI, ASHOK MOTORS, THODUPUZHA. 2. MADHU N.B., S/O.BHASKARAN N.G., NEERAKUDY HOUSE, MANJALLOOR VILLAGE. 3. THE BRANCH MANAGER, THE NATIONAL INSURANCE CO.LTD., THODUPUZHA. BY ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv M.N.KRISHNAN, J ===================== MACA No.1808 OF 2006 ===================== Dated this the 14th day of July 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.1081 of 2002. The claimant alleges before the Tribunal that he was knocked down by a bus bearing Regn.No.KL/S-5598 driven by the 2nd respondent. He was initially admitted in the Taluk Head Quarters Hospital, Muvattupuzha and later to the Medical College Hospital, Kottayam. The insurance company has denied the accident even the involvement of the bus. The Tribunal, on appreciation of the materials has dismissed the claim application. It is against that dismissal the present appeal is filed. 2. Heard the counsel for the appellant as well as the counsel for the insurance company. The Tribunal arrived at a decision disbelieving the versions of Pws.1 to 3 and giving all credence to a statement in the wound certificate. It is the case of the claimant that he was hit by a bus and the evidence is adduced to the effect that it was the conductor of the bus who took him in an autorickshaw to the hospital. But what is recorded in the MACA 1808/2006 -:2:- wound certificate is 21.6.2002........................................................................................................... ............................................................................................................................ If the statement recorded in Ext.A6 certificate is truthful then certainly a claim will not lie against the owner, driver and the insurance company of the bus. But is it absolutely safe to rely on that statement alone to throw out the claim is a matter to be considered. The police had recorded the statement of the claimant on the very next day, conducted investigation and filed a charge sheet against the driver of the bus and therefore the criminal proceedings were proceeding in the direction that the bus had hit on the claimant. If really it is the conductor, who had removed the claimant to the hospital in an auto rickshaw under ordinary circumstances, it must be a hit by a bus. I am not prepared to accept that a conductor of a plying bus would abandon his trip and come to the rescue of the claimant and take him in an auto rickshaw. This is a material point which may have bearing in the case. Similarly, it is also the duty of the parties to dispel the suspicion from the mind of the court regarding the entry made in Ext.A6 wound certificate. A reading of the award does not show that Pws 1 to 3 were totally untrustworthy witnesses why should an injured, who wants compensation implead a false party is a question that also may arise for determination. MACA 1808/2006 -:3:- Neither the conductor nor the driver nor the Doctor, who had prepared the wound certificate is seen examined in this case and their evidence may have tell tale bearing on the finding regarding the factum who caused the accident. Therefore the matter requires reconsideration at the hands of the court. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration in the light of the discussion made above. The appellant as well as the insurance company are permitted to produce both documentary and oral evidence in support of their respective contentions and the Tribunal shall dispose of the matter in accordance with law. Parties are directed to appear before the court below on 26.8.2008 and the appellant may implead the legal representatives of the owner before the final disposal of the matter in the case before the court below. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-