Kerala High Court
Rajan S/O.Ariyankutty vs P.V. Biju on 4 November, 2009
Author: M.N.Krishnan
Bench: M.N.Krishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 113 of 2009()
1. RAJAN S/O.ARIYANKUTTY, AGED 39 YEARS,
... Petitioner
Vs
1. P.V. BIJU,S/O.RAGHAVAN,AGE NOT KNOWN, '
... Respondent
2. THE NEW INDIA ASSURANCE CO.LTD
For Petitioner :SMT.LATHA PRABHAKARAN
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/11/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A.No.113 OF 2009
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Dated this the 4th day of November, 2009
J U D G M E N T
This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.523/2005. It is the case of the claimant that he had sustained injuries in a road accident on 8.5.2004 and therefore he is entitled to get compensation.
2. The Tribunal on a consideration of the materials did not accept the case of the claimant and therefore dismissed his petition and it is against that decision, the claimant has come up appeal.
3. Heard the learned counsel f or the appellant as well as the counsel for the insurance company. The learned counsel for the appellant in fairness had made available before me for perusal the documents relied on by the parties in the court below. The alleged accident had taken place on 8.5.2004. It is the case of the appellant that he was admitted in a hospital at Narikkuni and later referred to the Medical College Hospital were he had undergone treatment. The : 2 : M.A.C.A.No.113 OF 2009 Medical College record which is prepared at the first instance namely the discharge card wherein the summary is described as the patient admitted with a history of fall and even at the time of the admission, there was an infected wound. There is absolutely nothing to show therein that the cause of injury is on account of an accident. The next reference card is for the period from 28.9.2004 to 11.10.2004. There also there is a reference wherein history of a road traffic accident dated 10.5.2004 is mentioned. The other document is one wound certificate. It can be seen that the said would certificate is prepared on 17.10.2004 and it is corrected as 17.5.2004.
4. If a person had sustained injuries in a road accident and has been taken to a hospital at Narikkuni, there would be some documents to establish his treatment therein at least in the form of an OP ticket whereby the doctors would have referred the case to the Medical College. Further it has to be stated that the appellant has not even mount the box to give any evidence in support of the accident. So, the materials available are so clumsy and it does not inspire : 3 : M.A.C.A.No.113 OF 2009 confidence of the Tribunal or the court to accept the same. The first document namely the reference card only refers to the history of a fall and the second reference card refers to a wrong date of the accident and ultimately the would certificate wherein the date itself is corrected are documents making everything suspicious. I am conscious of the fact that a benevolent legislation like Motor Vehicles Act providing compensation for the victims have to be applied liberally but at the same time it has to be cautioned that false cases should not be encouraged. Since the Tribunal was not satisfied and after perusing the documents, I do not find that it is a fit case wherein the court can interfere with the order of dismissal passed by the Tribunal.
Therefore, the appeal fails and the same is dismissed.
M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.113 OF 2009