Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 31ST DAY OF AUGUST 2021 / 9TH BHADRA, 1943 AGAINST THE ORDER/JUDGMENT IN OPMV 2963/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,KOZHIKODE APPELLANT/PETITIONER IN O.P.(M.V.): NABEESA, AGED 45 YEARS, W/O HAMSA, KUNNATHODI HOUSE, P.O.O.K.MURI, MINI ROAD, VIA VENGARA,MALAPPURAM. BY ADV SRI.K.M.JAMALUDHEEN RESPONDENTS/RESPONDENTS IN O.P.(M.V.):
1 SHIHAB S/O SAIDALAVI HAJI, ETTUVEETTIL HOUSE, P.O.VALIYORA,, VENGARA, MALAPPURAM. 2 ALAVI THEYYAN S/O UNNI MOHAMMED, PALAKKAL HOUSE, P.O.MANKAVU, CALICUT. 3 UNITED INDIA INSURANCE CO.LTD. UP HILL, MALAPPURAM. 4 ADDL. R4. THE REGISTRAR (SUBORDINATE JUDICIARY) HIGH COURT OF KERALA (ADDITIONAL RESPONDENT 4 IS IMPLEADED AS PER ORDER DATED 28/11/2018 IN MACA 949/2009) BY ADVS. SRI.ELVIN PETER P.J. SRI.JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 31st day of August, 2021 This appeal is preferred against the award in O.P. (M.V.) No.2963/2002 of the Principal Motor Accidents Claims Tribunal, Kozhikode. By the impugned award the Tribunal dismissed the claim petition filed by the appellant with compensatory costs, holding that the claim was bogus and the alleged accident had never taken place.
2. While admitting the appeal, this Court directed
a discreet enquiry to be conducted by the Assistant Commissioner of Police, District Special Branch, Kozhikode City. After conducting enquiry, during the course of which the relevant records were perused and the statements of witnesses taken, the Assistant Commissioner of Police has filed a report. The report concludes with the following observation: “On my enquiry as stated above, it is learnt that Smt. Nafeesa W/o.Hamza, 45/19, Kunnathodi House, OK Muri PO, Mini Road, Vengara Via, Malappuram had sustained grievous injury due to an RTA occurred at Poolappees in Malappuram District within Vengara PS on 22.04.2002, someone gathered there taken her to nearest Malappuram Dist. Co-op Hospital for treatment and as the doctor informed about the gravity of injury sustained and need of an urgent operation, she got voluntary discharge from there due to her financial difficulties and went to Medical College Hospital Kozhikode, as stated in the FIS it is true that she arrived MCH on the night itself on 22.04.2002. After preliminary treatment at casualty she had shifted to ward 24 on 23.04.2002 at 14.30 hrs. It is clear from the case record of IP No.20863 and summery sheet of Medical College Hospital (EXT.G). Though she reached at Hospital for treatment on 22.04.2002 itself soon on incident of occurrence the police from Vengara PS had arrived and recorded her statement only on 25.04.2002. I perused document vide (EXT E), which is a copy of discharge certificate issued from Directorate of Medical Education, Kerala, Medical College Hospital Kozhikode issued for Police cases obtained and attested by then SI Sri.Narayanankutty of Vengara PS. The date of said document is found as 03.08.2002 but it is seen stated that Smt.Nafeesa aged 38 admitted on 23.04.2002 as IP No.20863 was discharged on 28.05.2002. The date 03.08.2002 found on said document is seems to be the date of issue of said document to Police and the date of admission found on it as 23.04.2002 which is the date of admission in ward 24 from casualty after preliminary treatment. Any how the OP ticket shows that she had reached at casualty on 22.04.2002 night itself after discharging from Malappuram District Co-operative Hospital after availing treatment there till 19.00 hrs on 22.04.2002. Further I have collected wound certificate from PMSA Memorial Malappuram Dist. Co-op Hospital (EXT.H) where the complainant sought treatment immediately on occurrence of RTA. It clearly prove that the petitioner had sustained grievous injuries as alleged in FIS and in her claim petition. In short it is submitted that nothing could be found to disbelieve the plea of complainant that she had sustained injuries in an RTA occurred on 22.04.2002 at Poolappees in Malappuram District and enquiries reveals that her claim is genuine.”
3. The Tribunal had arrived at the conclusion of
the claim being bogus for the reason that the accident was reported after three days, the wound certificate was not produced and the claim raised belatedly. In the light of the findings in the enquiry report, there cannot be any doubt that the claim is genuine. As such, the Tribunal is bound to consider the claim and to pass an award on merits.
4. Adv. John Joseph Vettikad, learned Counsel for
the third respondent insurance company submitted that because of the delay in the Original Petition being considered on merits, which under no circumstance is attributable to the insurer, the insurer will be mulcted with the liability of paying interest on the compensation awarded. This is an aspect which can be brought to the notice of the Tribunal to be taken into account while passing the award.
5. For the aforementioned reasons, the appeal is
allowed and the award in O.P.(M.V.) No.2963/2002 of the Principal Motor Accidents Claims Tribunal, Kozhikode is set aside. Being an Original Petition of the year 2002, pertaining to an accident of the same year, the Tribunal is directed to ensure that the Original Petition is disposed of within three months of receipt of a copy of this judgment. The parties shall be given the liberty to
adduce evidence in support of their case. The parties shall appear before the Tribunal on 14.09.2021. Accordingly, the MACA is allowed. Sd/- V.G.ARUN JUDGE NB/31-8 APPENDIX OF MACA 949 OF 2009 PETITIONER’S ANNEXURE: NIL RESPONDENT’S ANNEXURE: NIL True Copy P.A to Judge