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HIGH COURT OF KERALA
M.N.KRISHNAN, J
THE ORIENTAL INSURANCE COMPANY LTD – Appellant
Versus
JAYAN – Respondent
MOTOR ACCIDENT CLAIMS APPEAL 1520/2006
Motor Accidents - Road Traffic Accident - Motor Vehicles Act - Section 166 - The court found that the absence of essential documents to substantiate the accident claims necessitated the setting aside of the tribunal's award, calling for fresh evaluation of evidence.
Fact of the Case:
The claimant was injured while riding as a pillion on a motorbike. The Tribunal awarded compensation based on limited documentation, primarily a discharge summary, leading to an appeal by the Insurance Company due to insufficient evidence.
Issues: Whether the Tribunal's reliance on inadequate documentation constituted a valid basis for awarding compensation under the Motor Vehicles Act.
Ratio Decidendi: The court emphasized that in motor accident claims, adequate documentary evidence must substantiate the claim of negligence, and mere assertions are insufficient.
Final Decision: The court set aside the Tribunal's award and remitted the matter for fresh consideration.
J U D G M E N T
This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(M.V.) No.2874/2000. The claimant is alleged to have sustained injuries in a road accident while he was traveling as a pillion rider in a motor cycle. The Tribunal found in his favour and awarded a compensation of Rs.44,020/- and directed the Insurance Company to pay the amount. It is against that decision, the Insurance Company has come up in appeal. 2. I am surprised to see that the Tribunal has passed the award in a case of this nature where even the basic document, namely the wound certificate is not available. There is no police case also. Only a discharge summary without date is produced as seen from the appendix and it has been taken as Magna Carta for arriving on a decision. I feel, this approach of the Tribunal is erroneous and when an MACA No.1520/2006 application is filed under Section 166 of the Motor Vehicles Act, it is imperative on the part of the claimant to establish that he had been involved in the accident and had sustained injuries on account of the negligence of the rider of the offending vehicle. The mere oral assertion of the claimant shall not be taken as sufficient evidence, when it is not supported by other documents, in motor accident claim cases. I do not want to further elaborate, because I find the award requires interference and it has to be set aside. I also permit the Insurance Company to raise the contention regarding the act only policy as well as the absence of driving licence, which can be properly met by the claimant as well as by the owner and rider of the vehicle, if they want to do so. Therefore, the award under challenge is set aside and the matter is remitted to the Tribunal for fresh consideration by permitting the parties to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in MACA No.1520/2006 accordance with law. I also make it clear that the Insurance Company is permitted to raise the question of the act only policy as well in this case.
The parties are directed to appear before the Tribunal on 25/11/2008.
(M.N.KRISHNAN, JUDGE)
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