IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 100 of 2009()
1. SRI. ALIYAR,
... Petitioner
2. SRI. KUNJUMON,
3. SRI. MOIDU,
4. SRI.PAREETH
5. SMT. PATHUKUTTY
6. SMT. NABEESA, W/O. ASSAI, MATTATHIL
7. SMT. RUKHIYA W/O. BAKKER, PERIMBINCHALIL
Vs
1. SRI.K.A. SHAMZ S/O. ALI,
... Respondent
2. A.P. MEERAN, S/O. PAREETH, ALAKKAL
3. M/S ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.N.ANILKUMAR
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :10/03/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 100 OF 2009
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Dated this the 10th day of March, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)949/04.
An 85 year old lady died and it is alleged that it is on account
of a road accident. The Tribunal merely relying upon the
statement in the wound certificate or in the hospital records
jumps to the conclusion that the cause of injury is on account
of a giddiness and fall in the house and dismissed the
application. The Tribunal shuts its eyes to the documents
prepared by the investigating agency and produced before
the Tribunal. There are false cases before the Tribunal but
the court has to convince itself that it is a false case with the
materials available on records. The court did not attempt to
do it. Interestingly the claimants also did not adduce proper
evidence to establish and satisfy the conscience of the Court
that the injury was sustained on account of a motor accident.
M.A.C.A. 100 OF 2009
-:2:-
I think better wisdom will prevail on the claimants and they
can produce documents and adduce evidence and if
necessary examine the investigating agency so that the real
picture will be before the Court for a proper disposal of the
matter.
2. Therefore the award under challenge is set aside
and the matter is remitted back to the Tribunal with a
direction to permit all concerned to produce documentary as
well as oral evidence. I make it clear that I am not
expressing any opinion on the merits of the case. Parties are
directed to appear before the Tribunal on 19.4.2010.
M.N. KRISHNAN, JUDGE.
ul/-