Kerala High Court
Peter Thomas vs Station House Officer on 13 August, 2025
2025:KER:60814
Crl.M.C. 8808/22, OP(MAC) 34/25 and OP(MAC) 51/25
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
OP (MAC) NO. 34 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.466 OF 2022 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, CHOTTANIKKARA ARISING OUT
OF THE ORDER/JUDGMENT DATED IN OPMV NO.1030 OF 2022 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM
PETITIONER/S:
PETER THOMAS,
AGED 42 YEARS,S/O LATE DR.BABOOS PETER, RESIDING AT
1 ATTUVELIL HOUSE, RAMAMANGALAM P.O., ERNAKULAM DISTRICT,
PIN - 686663
EMY MARY ELIAS,
AGED 38 YEARS,W/O PETER THOMAS, RESIDING AT ATTUVELIL
2 HOUSE, RAMAMANGALAM P.O., ERNAKULAM DISTRICT, PIN-
686663
BY ADVS.
SMT.MARY BENJEMIN
SMT.V.P.SATHI
RESPONDENT/S:
1 MAHESWARI,
AGED 42 YEARS
W/O MANIKANDAN, KULAPPARA HOUSE, VENGOLA P.O.,
ERNAKULAM, PIN - 683556
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2
VIGNESH M,
AGED 21 YEARS
2 S/O MANIKANDAN, PANDARATHARA, ERATTUKUALM, ELAPPULLAY,
PALAKKAD, PIN - 678622
KARTHIKEYAN K.M,
AGED 18 YEARS
3 S/O MANIKANDAN, PANDARATHARA, ERATTUKUALM, ELAPPULLAY,
PALAKKAD, PIN - 678622
MANIKANDAN V,
AGED 50 YEARS
4 S/O VELAYUDHAN, PANDARATHARA, ERATTUKUALM, ELAPPULLAY,
PALAKKAD, PIN - 678622
FUTURE GENERALI INDIA INSURANCE CO.LTD,
3RD FLOOR, BUILDING NO. 2253, MAVELI ROAD, KADAVANTHRA,
5
COCHINREPRESENTED BY ITS BRANCH MANAGER, PIN - 682020
BY ADVS.
SHRI.SUSANTH SHAJI
SHRI.SIDHARTH O.
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 12.08.2025, ALONG
WITH OP (MAC).51/2025 AND CRL.MC 8808/2022, THE COURT ON
13.08.2025 DELIVERED THE FOLLOWING:
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Crl.M.C. 8808/22, OP(MAC) 34/25 and OP(MAC) 51/25
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
OP (MAC) NO. 51 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.59 OF 2024 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL ,ERNAKULAM
PETITIONER/S:
PETER THOMAS,
AGED 42 YEARS
S/O. DR. BABOOS PETER, RESIDING AT ATTUVELIL HOUSE,
RAMAMANGALAM P.O., ERNAKULAM DISTRICT, PIN - 686663
BY ADV SMT.MARY BENJEMIN
RESPONDENT/S:
PAUL SEBASTAIN,
AGED 43 YEARS
1 S/O. K.P. JOSE CLETUS (LATE ), KALATHARA HOUSE,
11/2480A, BEVERA ROAD, THOPPUMPADY, KOCHI, PIN - 682005
FUTURE GENERALI INDIA INSURANCE CO. LTD.,
2., 3RD FLOOR, BUILDING NO. 2253, MAVELI ROAD,
2 KADAVANTHRA, COCHIN-682020. REPRESENTED BY ITS BRANCH
MANAGER
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4
BY ADVS.
SRI.P.SAMSUDIN
SHRI.K.C.ANTONY MATHEW
SHRI.JASNEED JAMAL
SMT.LIRA A.B.
SMT.DEVIKA E.D.
SHRI.ABIN RASHID
THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 12.08.2025, ALONG
WITH OP (MAC).34/2025 AND CRL.MC 8808/2022, THE COURT ON
13.08.2025 DELIVERED THE FOLLOWING:
2025:KER:60814
Crl.M.C. 8808/22, OP(MAC) 34/25 and OP(MAC) 51/25
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
CRL.MC NO. 8808 OF 2022
CRIME NO.876/2021 OF Ambalamedu Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.446 OF 2022 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, CHOTTANIKKARA
PETITIONER/S:
PETER THOMAS,
AGED 42 YEARS,RESIDING AT ATTUVELIL HOUSE,
RAMAMANGALAM, ERNAKULAM DISTRICT, PIN - 686663
BY ADVS.
SMT.R.ANJALI
SMT.MARY BENJEMIN
RESPONDENT/S:
STATION HOUSE OFFICER,
AMBALAMEDU POLICE STATION, AMBALAMEDU, ERNAKULAM
1
DISTRICT, PIN - 682303
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
2
PIN - 682031
SR.GP SMT. SURYA BINOY
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
12.08.2025, ALONG WITH OP (MAC).34/2025 AND OP(MAC).51/2025, THE
COURT ON 13.08.2025 PASSED THE FOLLOWING:
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Crl.M.C. 8808/22, OP(MAC) 34/25 and OP(MAC) 51/25
6
MOHAMMED NIAS C.P., J.
.........................................................
Crl.M.C. No.8808 of 2022
and
O.P.(MAC) Nos.34 of 2025 & 51 of 2025
................................................................
Dated this the 13th day of August, 2025
ORDER
All these cases are filed by a common petitioner.
2. Crl. M.C. No.8808 of 2022 is filed seeking to quash C.C.No.446
of 2022 on the files of the Judicial First Class Magistrate Court,
Chottanikkara, arising from FIR 876 of 2021 of Ambalamedu Police Station
under Sections 279 and 304A of the Indian Penal Code. A final report was
filed in the above crime, and the same is sought to be quashed.
3. The contention raised in the Crl.M.C. is that the petitioner is
unnecessarily dragged to the case, and that the petitioner's vehicle had
nothing to do with the accident/crime in question. Documents are also
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produced to contend that the prosecution's case does not tally with the
real facts.
4. Having heard the learned counsel appearing on both sides, it
has to be seen that there is no contention that any offences are made out
against the petitioner. All the contentions that are sought to be raised are
matters to be decided on evidence. The reliability or otherwise of the
materials produced is a matter to be tested at the time of trial and not in a
petition under Section 482 of the Cr.P.C. As no grounds at all are
applicable to quash the proceedings impugned in the Crl. M.C., the same
will stand dismissed, however, without prejudice to any of the
contentions of the petitioner in the trial of C.C 446 of 2022 on the files of
the Judicial First Class Magistrate Court, Chottanikara. The dismissal of
this application will not prevent the petitioner from filing an application
seeking discharge, in accordance with the law.
5. Based on the above accident, which is the subject matter of
the crime referred to above, O.P. (MV) 1030 of 2022 and O.P. (MV) 59 of
2024 have been filed by the parents of the deceased and also the injured
pillion rider.
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6. The prayer in O.P(MAC) 34 of 2025 reads as follows:-
1. To direct the MACT Ernakulam to return the MV(OP) No.1030 of
2022 as it is without any basis and unfounded.
2. To allow the petitioners to proceed with respondents 1-4 for
making false claim against the petitioners.
3. To grant such other relief as this Honourable Court may deem fit to
grant in the circumstances of the case.
4. To award to the petitioner the cost in these proceedings.
7. In the context of a claim petition relating to an accident, it is
essential to establish the negligence of the driver in question. This
assessment typically relies on the principle of "preponderance of
probabilities" rather than the stringent standard of "proof beyond a
reasonable doubt" applicable in criminal proceedings. The parties
involved--the claimant and the respondent--bear the responsibility of
presenting their respective evidence to support or refute the claim of
negligence. True, the initial burden of proof lies with the claimant, who
must provide adequate evidence demonstrating that the driver was
negligent and directly contributed to the incident. Once each party
presents its evidence, the claim petition will then be evaluated based on
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its merits. This means that the adjudicating body will consider all the
facts, testimony, and evidence submitted to determine whether the claim
alleging negligence is substantiated. If negligence is established, the
merits of the claim, including any potential compensation, will be
adjudicated accordingly.
8. As rightly pointed out by the respondents relying on the
judgment in New India Assurance Co. Ltd. v. Pazhaniammal and
Others [2011 (3) KHC 595] that it is for the Tribunal to consider the
charge sheet, and if it finds that any of the parties do not accept such
charge sheet, the burden must be on them to adduce oral evidence. If oral
evidence is adduced by any party in a case where a charge sheet is filed,
the Tribunal should give further opportunity to others also to adduce oral
evidence, and in such a case, the charge sheet will pale into insignificance
and the dispute will have to be decided based on the evidence adduced
before the Tribunal.
9. Under such circumstances, without prejudice to the right of
the petitioner to question the charge sheet and also lead evidence before
the Tribunal to substantiate their contentions, O.P. (MAC) 34 of 2025 will
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stand dismissed.
O.P(MAC) 51 of 2025
10. In the above case, which was also based on the crime in the
connected cases, the injured had filed a claim petition, in which matter
was settled through Ext.P5 award as follows:-
"Matter settled for Rs.2,00,000/- (Rupees Two lakhs
only). R2 insurer shall deposit the amount into the
Bank account of MACT within one month from date of
receipt of award, failing which 8% interest shall be
payable on the above amount from date of default."
11. Though there is no liability fixed on the petitioner or a right
to recover granted to the insurer, the petitioner submits that, since this
case also proceeds as if the petitioner is the accused, they are aggrieved
and therefore they are challenging Ext.P5. The remedy of a person in
case he is aggrieved by any award is to challenge the same in a manner
known to law. No relief can be granted in this case as well, and the same
will stand dismissed subject to the liberty granted above.
Given the above, the prayers sought in the above original
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petitions cannot be allowed, and they are accordingly dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
okb/
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APPENDIX OF OP (MAC) 51/2025
PETITIONER EXHIBITS
TRUE COPY OF THE ORDER DATED 30.03.2023 IN
Exhibit P1 CRL MA NO.1 OF 2022 IN CRL MC NO. 8808 OF
2022 OF THIS HONOURABLE COURT.
TRUE COPY OF THE ORDER DATED 07.03.2025 IN
Exhibit P2 CRL MA NO.1 OF 2022 IN CRL MC NO. 8808 OF
2022 OF THIS COURT.
TRUE COPY OF THE CLAIM PETITION NO. 59 OF
Exhibit P3
2024 BEFORE THE MACT ERNAKULAM
TRUE COPY OF THE WRITTEN STATEMENT DATED
Exhibit P4 21.06.2024 FILED BY THE APPELLANT IN O.P.(MV)
NO. 59 OF 2024
TRUE COPY OF THE AWARD DATED 08.03. .2025 IN
Exhibit P5 OP(MV) 59 OF 2024 OF THE MOTOR ACCIDENTS
CLAIM TRIBUNAL, ERNAKULAM IN LOK ADALATH.
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PETITIONER ANNEXURES
TRUE COPY OF FIR 876 OF 2021OF AMBALMEDU
Annexure-I
POLICE STATION
TRUE COPY OF PETITION DATED 21.10.2021 BEFORE
Annexure-II
THE CITY POLICE COMMISSIONER, COCHIN CITY
TRUE COPY OF NOTICE DATED 06.11.2011, ISSUED
Annexure-III
BY THE 1ST RESPONDENT.
TRUE COPY OF INTERIM ORDER DATED 08.11.2021,
Annexure-IV
IN O.P.(CRL) 343 OF 2021
TRUE COPY OF FINAL REPORT, SUBMITTED BEFORE
Annexure-V THE JUDICIAL FIRST CLASS MAGISTRATE COURT
CHOTTANIKKARA
TRUE COPY OF REPORT OF EXAMINATION OF
AnnexureVI
VEHICLES KL-43D- 3993 & KL-17N-2531
TRUE COPY OF STATEMENT 16.10.2021 OF ONE
Annexure VII
GIRISH, THE INFORMANT TO ANNEXURE I FIR
TRUE COPY OF CERTIFICATE ISSUED BY MALANKARA
Annexure VIII
ORTHODOX SYRIAN CHURCH MEDICAL MISSION
TRUE COPY OF THE MEDICO- LEGAL CASE RECORD OF
Annexure IX M.RAJESH ISSUED BY MOSC MEDICAL MISSION
HOSPITAL
TRUE COPY OF THE WOUND CERTIFICATE OF PILLION
RIDER PAUL SEBASTAIN, ISSUED BY THE CLINICAL-
Annexure X
FORENSIC MEDICINE UNIT OF MOSC MEDICAL
MISSION HOSPITAL
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APPENDIX OF OP (MAC) 34/2025
PETITIONER EXHIBITS
TRUE COPY OF THE ORDER DATED 30.03.2023 IN
Exhibit P1 CRL MA NO.1 OF 2022 IN CRL MC NO. 8808 OF
2022 OF THIS COURT
TRUE COPY OF THE ORDER DATED 07.03.2025 IN
Exhibit P2 CRL MA NO.1 OF 2022 IN CRL MC NO. 8808 OF
2022 OF THIS COURT
TRUE COPY OF THE CLAIM PETITION NO.OP (MV)
Exhibit P3
1030 OF 2022 BEFORE THE MACT ERNAKULAM
RESPONDENT EXHIBITS
TRUE COPY OF THE FIR DATED 16/10/2021 IN
Ext R1 a CRIME NO.876/2021 ON THE FILES OF AMBALAMEDU
POLICE STATION, ERNAKULAM CITY
TRUE COPY OF THE FINAL REPORT DATED
30/05/2022 SUBMITTED BY THE SUB INSPECTOR OF
Ext R1 b
POLICE, AMBALAMEDU POLICE STATION IN CRIME
TRUE COPY OF THE WRITTEN STATEMENT DATED
29/07/2024 SUBMITTED BY THE 5TH RESPONDENT
Ext R1 c HEREIN IN O.P. (M.V.) NO. 1030/2022 ON THE
FILES OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,
ERNAKULAM
TRUE COPY OF THE WRITTEN STATEMENT DATED
21/06/2024 SUBMITTED BY THE PETITIONERS
Ext R1 d HEREIN IN O.P. (M.V.) NO. 1030/2022 ON THE
FILES OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,
ERNAKULAM
TRUE COPY OF THE LIST OF DOCUMENTS SUBMITTED
BY RESPONDENTS NOS. 1 TO 4 IN O.P.(MV) NO.
Ext R1 e
1030/2022 ON THE FILES OF MOTOR ACCIDENTS
CLAIMS TRIBUNAL, ERNAKULAM
