IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 780 of 2007()
1. THE ORIENTAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. SHIBU, S/O.BASHEER,
... Respondent
2. AZEEZ, S/O.MAKKAR,
3. ASHARAF, S/O.MAKKAR,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent :SRI.P.V.ELIAS
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/03/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.No.780 OF 2007
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Dated this the 16th day of March, 2010.
J U D G M E N T
This appeal is preferred against the award of the
Claims Tribunal, Muvattupuzha in OP(MV)No.1285/2003.
The insurance company had challenged the award passed
by the tribunal awarding the claimant a compensation of
Rs.42,866/=. The contention of the insurance company as
revealed from the award is to the effect that it was not the
first respondent who was riding the vehicle, but it was the
second respondent who was riding the vehicle. The tribunal
considered Exts.A1 to A5 documents. The First Information
Statement and registration of the crime revealed that, it is
alleged that, the first respondent has driven the auto
rickshaw. The police after due investigation has only
charge sheeted the first respondent. The tribunal further
observed that Exts.A1 to A5 were marked on consent and
therefore, it was futile on the part of the insurance company
to contend otherwise. The investigation records point out
that auto rickshaw was driven by the first respondent in the
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M.A.C.A.No.780 OF 2007
OP(MV).
2. Mere suspicion raised by the insurance company
shall not be a substitute for the proof. The court cannot
decide the matter on the basis of conjectures and surmises
and therefore, I do not find any valid ground to interfere
with the decision rendered by the Claims Tribunal.
Therefore the appeal lacks merit and it is dismissed.
M.N. KRISHNAN, JUDGE
cl
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