IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 MACA.No. 1845 of 2008() ---------------------------------- OPMV.1804/2001 of IIND ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT: APPELLANT ----------------------- SAKSENA,S/O.LAKSHMANAN, AKKAVILA VEEDU, THEKKEVILA, ERAVIPURAM. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENTS: ------------------------ 1. K.J.THOMAS, S/O.E.JOHN,KUNNUVILAVEEDU, (NEAR THANKAMMA KALYANA MANDAPAM) PATTATHANAM, ASRAMAM, KOLLAM. 2. THE BRANCH MANAGER ORIENTAL INSURANCE CO.LTD,AMAR JYOTHI COMPLEX KADAPPAKKADA,KOLLAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & K.P. Balachandran, JJ. -------------------------------------- M.A.C.A. No.1845 of 2008 --------------------------------------- Dated this the 29th day of September, 2008 Judgment Koshy,J. Appellant sustained an injury in an accident near the District Hospital, Kollam at 8.30 p.m. on 27.12.2000. According to him, the accident occurred due to the negligent driving of the owner-cum-driver of the Maruti car insured by the second respondent insurance company. But, in Ext.A5 wound certificate issued by S.S.M. Hospital, Kollam it is stated that the injury is alleged to have sustained due to fall from bike when it skidded near the District Hospital on the same day at 7.00 p.m. It is also stated that he was having only an abrasion with swelling at occipital region and he was fully conscious at that time. The statement was given by himself. The F.I.R. was registered only on 7.1.2001. According to the claimant, he was not admitted in the District Hospital because employees of the District Hospital were on strike. If the accident occurred near the District Hospital, a busy place in Kollam, police would have registered a case immediately. Here, the case was registered only on 7.1.2001. There was contradiction in M.A.C.A.No.1845/2008 2 the statements regarding the admission of the appellant in the S.S.M. Hospital by the appellant. The Tribunal has considered the evidence thoroughly and found that it is a bogus claim and the claimant was not able to establish that the accident occurred due to the negligence of the first respondent. On going through the records and evidence, we fully agree with the reasoning of the Tribunal and the appeal is dismissed. J.B.Koshy Judge K.P. Balachandran Judge vaa M.A.C.A.No.1845/2008 3 J.B. KOSHY AND K.P.Balachandran,JJ. ------------------------------------- M.A.C.A. No.1845/2008 ------------------------------------- Judgment Date:29th September,2008