IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 MACA.No. 2136 of 2009() ----------------------- OPMV.3122/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER: --------------------------------------------- DEVADAS,S/O.VASUDEVAN,VALIKULANGARA HOUSE,OTICHI,P.O.DESAMANGALAM,THRISSUR DISTRICT. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. THATTAN THASVIDA MUSTHAFA, S/O.P.V.C.ABDULLA,THATTAN THAVIDA HOUSE, V.O.ROAD,VADAKARA. 2. C.B.KRISHNAKUMAR,S/O.BALAN NAIR, CHERUVATHUR HOUSE,DESAMANGALAM,THRISSUR. 3. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE,OTTAPALAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.2136 OF 2009 ............................................. Dated this the 27th day of May, 2010. J U D G M E N T This appeal is filed against the award of the Claims Tribunal, Thrissur in OP(MV)No.3122/2002. The claimant is alleged to have sustained injuries in a road accident when a lorry is alleged to have hit him resulting in injuries. But the Tribunal was totally dissatisfied with the materials available to connect the injuries with the accident and therefore dismissed the claim application. It is against that decision, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant. The learned counsel for the appellant strongly contends before me that there are sufficient materials to connect the injury with the accident and therefore the Tribunal should not have dismissed the application. It is the case of the claimant that while he was walking along the road, a lorry loaded with sand came in an uncontrollable manner and hit on him and ultimately went and hit a coconut tree and capsized. The factum that a lorry was involved in the accident cannot : 2 : M.A.C.A.NO.2136 OF 2009 be disputed in this case for the reason that the occupant of the lorry - a cleaner by name Shinoj succumbed to the injury sustained on account of the impact. The police records also reveal that one Hamsakutti was also involved in the accident resulting in injuries to him and he was also treated in the Divine hospital. None of the police records anywhere suggested or revealed the name of the applicant having sustained injuries in the accident. Normally when a person is admitted in a hospital, whether it is private or Government, on account of a road traffic accident there is a statutory obligation by way of a government order for the hospital authorities to prepare a wound certificate. Here no wound certificate is produced or is there any contention that such a wound certificate is available. The magnacarta relied on by the learned counsel is Ext.A4 which is a discharge summary issued by the Divine Medical Center. There is a noting- history of RTA. The court below did find the handwriting in different inks and was not prepared to believe the entries in the same regarding the road traffic accident. : 3 : M.A.C.A.NO.2136 OF 2009 3. When a wound certificate is not there and the police records are absolutely silent about the involvement of the claimant in the accident and when a claim is filed under Section 166 of the Motor Vehicles Act, there is an imperative duty on the applicant to produce documents to satisfy the conscience of the Tribunal that the injuries were sustained by him on account of the road accident. Except his interested ipsi dixit, other materials are available other than the entry in the discharge summary which also does not stand proved. So it was under these suspicious circumstances the Tribunal found that the claimant has not succeeded in proving that he has sustained the injuries on account of the road accident alleged by him. I do not find that the Tribunal has committed any error in arriving at such a decision. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.2136 OF 2009 : 5 : M.A.C.A.NO.2136 OF 2009