IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1512 of 2007()
1. SANTHA P., W/O. P.KARUNAN,
... Petitioner
Vs
1. T. UMMER, S/O. HASSAN,
... Respondent
2. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.JIJI THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/10/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1512 OF 2007
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Dated this the 29th day of October 2008
JUDGMENT
This appeal is preferred against the award of the Prl.Motor Accidents
Claims Tribunal, Kozhikode in O.P.(MV)No.4 of 1998. The grievance of
the appellant is that in spite of having a disability certificate the Tribunal
did not consider it and therefore the matter requires interference. The
Tribunal was not pleased with the disability certificate of the Medical
Board and therefore held that without examining a Doctor that disability
certificate could not be accepted. Thereafter the Tribunal in order to have
a personal verification and satisfaction, directed the claimant to be present
before the court and it is recited in the award that in spite of repeated
directions, the claimant did not choose to appear before the court. This
shows that the claimant wants to avoid the court and therefore the Tribunal
was perfectly justified in drawing an adverse inference and negativing the
claim. It is true that the provisions for compensation is a beneficial piece of
legislation intended to confer benefit on the affected victims. It is never
contemplated that there can be violation of the directions of the court or
MACA 1512/2007 -:2:-
suppressing materials before the court claim compensation on
technicalities. This is not to be entertained. Therefore I do not want to
interfere with the decision rendered by the Tribunal and so the appeal is
dismissed.
M.N.KRISHNAN, JUDGE
Cdp/-