JUDGMENT

This appeal is preferred by the insurer against the award in O.P.(MV) No.259/2013 of Motor Accidents Claims Tribunal, Pala. The above claim petition was filed by the first respondent in this appeal for compensation to the bodily injuries sustained to her in a motor accident. Her case is that on 24.07.2009 at 2.30 p.m., while she was riding as a pillion rider in a motor cycle KL-35/4900 ridden by the 2nd respondent through Valavoor-Chakkampuzha public road, when it reached at Alunkal junction, the front wheel of the scooter lifted from the road, as a result, she fell down and sustained serious injuries. She was removed to the hospital. The rider and owner of the scooter were set ex parte in the tribunal.

2. The appellant resisted the claim petition on the ground that there was inordinate delay in preferring the claim petition and no bona fides in preferring such a petition. The rider of the motorcycle was her husband, who is the close relative of the owner of the vehicle. There was collusion between them in preferring the petition. In the discharge summary, it was stated that she fell down from the motor cycle due to giddiness and no wound certificate was produced in the trib