Kerala High Court
Libin Xavier vs Varkey @ Varghese on 1 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 1st DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
MACA NO. 852 OF 2012
AGAINST THE AWARD DATED 04.07.2011 IN OP(MV) No. 2177/2007 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/PETITIONER:
LENEKAR ANTONY, AGED 25 YEARS,
S/o ANTONY, KORAMANGALATH HOUSE,
NEAR MATHA NAGAR SCHOOL, GANTHI NAGAR BAGAM,
KALOOR P.O, ERNAKULAM DISTRICT
BY ADVS. SRI.RAJIV NAMBISAN
SRI.SAJAN PUTHENVEETTIL
RESPONDENTS/RESPONDENTS:
1 VARKEY @ VARGEHSE, AGED 45 YEARS,
ALUKKAL HOUSE, NEAR RAILWAY GATE,
V.R. PURAM P.O, CHALAKKUDY, THRISSUR DISTRICT 680012
2 ORIENTAL INSURANCE CO. LTD,
BRANCH OFFICE, PUTHENPURAKKAL CHAMBERS,
PALLURUTHY P.O, COCHIN 682006
BY ADVS.SHEEJO CHACKO
SRI.VPK.PANICKER
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON
01.08.2023, ALONG WITH MACA.1570/2012, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA Nos.852 & 1570 of 2012 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 1st DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
MACA NO. 1570 OF 2012
AGAINST THE AWARD DATED 04.07.2011 IN OP(MV) No. 1519/2007 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM
APPELLANT/PETITIONER:
LIBIN XAVIER, AGED 25 YEARS,
S/o XAVIER, KATTUPARAMBIL HOUSE,
RAIL NAGAR BAGHAM, PONNURUNNI KARA,
VYTILLA P.O., ERNAKULAM DSITRICT.
BY ADV SRI.RAJIV NAMBISAN
RESPONDENTS/RESPONDENTS:
1 VARKEY @ VARGHESE, AGED 45 YEARS,
ALUKKAL HOUSE, NEAR RAILWAY GATE,
V.R.PURAM P.O., CHALAKKUDY,
THRISSUR DISTRICT - 680 012
2 THE ORIENTAL INSURANCE CO. LTD.,
BRANCH OFFICE,PUTHENPURAKKAL CHAMBERS,
PALLURUTHY P.O., COCHIN-682 006.
BY ADVS. SHEEJO CHACKO
SRI.VPK.PANICKER
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON
01.08.2023, ALONG WITH MACA.852/2012, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
MACA Nos.852 & 1570 of 2012 3
JUDGMENT
The respective petitioners came up aggrieved by the
dismissal of claim petitions by the Tribunal solely on the
ground of negligence on the part of respective petitioners.
It is a case wherein none of the party had given any direct
evidence as to the manner in which the alleged accident had
happened. No witness was also examined in that behalf.
The only document produced in order to show the manner in
which the alleged incident happened is the final report
submitted by the police, which was marked and accepted in
evidence wherein the final charge was raised against the
driver of the offending vehicle. In the absence of
evidence, direct or otherwise, the tribunal ought to have
accepted the final report without adverting into an
enquiry as to the manner in which the alleged incident had
happened based on the statement recorded under Section 161
Cr.P.C. It is not permissible to take a different view
against the final report, unless there is other evidence
either oral or documentary to the contrary. No such
evidence was adduced by either of the parties. At this
juncture, the learned counsel for the petitioners as well
as the respondents fairly submitted that they may be
granted an opportunity to adduce evidence to show the
alleged incident. Hence, the dismissal of the claim
petition will stand set aside restoring both the claim
petitions to the file of tribunal with a direction to the
tribunal to dispose of the matter within a time schedule of
four months from the next posting date. The parties shall
appear before the Tribunal on 18.08.2023 for that purpose.
Both the appeals will stand allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
