Narayanan vs Ravi on 25 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 463 of 2000(B)



1. NARAYANAN
                      ...  Petitioner

                        Vs

1. RAVI
                       ...       Respondent

                For Petitioner  :SRI.O.P.NANDAKUMAR

                For Respondent  :SRI.G.SREEKUMAR (CHELUR)

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA

 Dated :25/02/2008

 O R D E R
                J.B. KOSHY & K. HEMA, JJ.

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                    M.F.A. No. 463 2000
       ------------------------------------------------
          Dated this the 25th February, 2008

                        JUDGMENT

Koshy, J:

Appellant/petitioner sustained fracture of right tibia

and applied for compensation alleging that the

autorickshaw driven by the 1st respondent , owned by the

2nd respondent and insured by the 3rd respondent, caused

the accident and he was negligent . The incident occurred

on 28-4-1989. Even though the appellant and two other co-

passengers in the autorickshaw gave evidence to the effect

that the driver of the autorickshaw was negligent, when the

1st respondent was examined, he deposed that no such

incident occurred.

2. It is true that after about two months of the

accident F.I.R. was registered and police referred the

MFA 463/2000 2

matter as a false case. Reference report is marked as

Ext.B1. Ext.B3 treatment slip shows that the appellant was

admitted on 28-4-1989 at 4.15 PM due to fall from tree and

there was smell of alcohol and he was hosterous. According

to Ext.X1 investigation report, injuries suffered by the

claimant was not as alleged by him. Accident-cum-wound

certificate was not produced to show that injuries caused

in a motor transport accident. Considering all these

circumstances, the Tribunal came to the conclusion that the

injuries caused not in a motor accident. The findings of the

Tribunal are based on evidence in this case and we see no

ground to interfere with the said findings.

Hence, the appeal is dismissed.

J.B. KOSHY, JUDGE.

K. HEMA, JUDGE.

Krs.

MFA 463/2000    3

MFA 463/2000    4


                        J.B.KOSHY & K.HEMA,J J.

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                                MFA 463 of 2000
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                                JUDGMENT
                                25 th February, 2007