The High Court dismissing the motor accident appeal, held that the claimant cannot be granted a remand due to discrepancies in the wound certificate date, conflicting accident details, and serious inconsistencies in the claimant's deposition.
The appeal seeking a remand of the claim petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 19TH DAY OF NOVEMBER 2018 / 28TH KARTHIKA, 1940
MACA. No.1057 of 2012
AGAINST THE AWARD IN OP(MV) NO.1035/2002 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA DATED 18-02-2012
APPELLANT/PETITIONER:
RAJESH KUMAR VILAYILAYYATHU VEEDU, KARIMULACKAL MURI, KOMALLOOR.
BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.NAVA VARGHESE SRI.A.R.DILEEP
RESPONDENTS/RESPONDENTS:
1 K.MANOHARAN
3, VELLALAPATTY P.O., KARUR DISTRICT-680683.
3 NATIONAL INSURANCE COMPANY LTD. REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, KAYAMKULAM-690502.
BY ADVS.SRI.GEORGE CHERIAN (SR.) SMT.K.S. SANTHI
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MACA. No.1057 of 2012
JUDGMENT
The claimant is the appellant seeking a remand
of the claim petition, which was dismissed by the Tribunal. The appellant had filed the claim on the ground that an accident occurred on 13.11.2001 at about 8.15 PM. The appellant is said to have been riding a motor cycle from east to west, when a
tanker lorry knocked him down. However, the Tribunal found that the Wound Certificate is dated 12.11.2001. The learned counsel submits that the date shown is 12.21.2001. This Court is not inclined to accept the same, since the date shown is “12/X1/2001”.
2. It is seen from the accident register/wound certificate that the accident occurred at 10.20PM on the 12th of November, 2001. The appellant was seen lying on the road side and he does not remember as to what happened. The cause of injuries is also shown as probable fall. It is
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MACA. No.1057 of 2012
after this that the claim petition was filed, specifically alleging that the accident occurred on 13.11.2001 at 8.15 PM.
3. The learned Counsel would submit that in
the subsequent treatment carried out in the various hospitals, the cause is shown as a road traffic accident involving a tanker lorry. However, the accident itself is suspect, going by the Wound Certificate which was issued a day prior
to the date on which the claimant asserted the accident to have occurred. There were also serious discrepancies in the deposition of the claimant.
In such circumstances, this Court does not
find any reason to entertain the appeal and the same is dismissed. No order as to costs.
Sd/-
sp/21/11/18
K.VINOD CHANDRAN JUDGE //True Copy//
P.A. To Judge
1 issue framed by the court
Whether the claimant can be granted a remand of the dismissed claim petition when there are unresolved discrepancies regarding the date of accident and injury cause.
RAJESH KUMAR VILAYILAYYATHU VEEDU
K.MANOHARAN
S.KANNAGI
NATIONAL INSURANCE COMPANY LTD.
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
