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P.Sunil

High Court Of Kerala|26 November, 2014
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JUDGMENT / ORDER

On the allegation that while the appellant was walking along a public road at 12 in the night on 14.11.1998 he was knocked on by the motorcycle bearing Registration No.KL11/E-2182 which came from behind and the accident was due to the negligence of the rider, who is the 1st respondent in this case, he filed the Original Petition for compensation of Rs.50,000/-. The 2nd respondent, the State Insurance department, was the insurer of the vehicle. It denied the cause of the accident. The Tribunal found that the story narrated in the Original Petition is false and accordingly, it dismissed the Original Petition. This is challenged in this appeal. 2. Heard.
3. Going by the O.P., the accident happened at 12 in the night on 14.11.1998. The appellant was admitted in the Medical College Hospital, Kozhikode. The Police did not register a case. Six days later, the wife of the appellant informed the Police about the accident and M.A.C.A. No.884 of 2007 2 the Police registered the case. Ext.A1 is the First Information Report.
4. It is mentioned in Ext.A2 copy of the O.P. ticket issued from the Medical College Hospital, Kozhikode that the appellant sustained injuries when he fell down after his motorcycle hit against a wall. This is a document produced and relied on by him. So his own document disproves his allegation. No oral evidence was adduced by him. So the only evidence available in the case proves that the story narrated in the original petition is false. The Tribunal rightly dismissed the petition.
In the result, this appeal is dismissed.
Sd/-
K. ABRAHAM MATHEW JUDGE NS
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Title

P.Sunil

Court

High Court Of Kerala

JudgmentDate
26 November, 2014
Judges
  • K Abraham Mathew
Advocates
  • Sri Avm Salahuddeen