IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 301 of 2002(B)
1. RANJITH C.V., C.T.VARGHESE,
... Petitioner
Vs
1. CHENAKKAL SUNNY, S/O. JOHN,
... Respondent
2. T.ABDULLA, SHAHIDA MANZIL,
3. THE ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.N.J.ANTONY
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :31/10/2008
O R D E R
M.N.KRISHNAN, J.
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M.F.A No. 301 OF 2002
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Dated this the 31st day of October, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Wayanad, Kalpetta, in OP(MV) 251/93. The
claimant, a minor boy at the time of accident, is alleged to have sustained
injuries in a road accident. The Tribunal disposed of the case in 2001. Till
that time the claimant did not produce even a single scrap of paper to
establish the claim. In spite of repeated opportunities, the claimant did not
make use of the same. The Tribunal ultimately has to dismiss the case for
lack of evidence.
2. It is true that the provisions under the Act are beneficial in nature.
But, it does not mean that compensation has to be awarded when it is not
properly pursued without producing the documents. There is no reasonable
explanation forthcoming for non-prosecution and that even the appeal is
filed with delay. So I find this is a case of gross negligence and grave
misconduct.
The appeal lacks merit and it is accordingly dismissed.
M.N.KRISHNAN, JUDGE
vps
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