MONISHA Vs. SAJEEV KUMAR

JUDGEMENT

(1.) The daughter of the 2nd respondent has preferred this appeal. The appellant was injured in a motor accident, which occurred on 13/5/2012 while she was travelling in a car. The driver of the car lost control and the car capsized, resulting in injuries to the appellant. She was taken to the Medical College Hospital, Kozhikode, where she was treated as inpatient for 6 days. It is claimed the she had to continue treatment for a long period and had to suffer severe pain and hardships due to the accident and the treatment. The appellant's mother Smt.Vijayakumari was a co-passenger in the car and she had also suffered injuries. Smt.Vijayakumari had preferred O.P.(MV) No.590/2013 and the appellant had preferred O.P.(MV) No.949/2013.

(2.) The grievance of the appellant is that the Tribunal has by its award dtd. 25/11/2015 found that the appellant has failed to prove the accident and thus found her not entitled for any compensation. The reason stated in the award of the Tribunal is that in Ext.A3 charge sheet the name of the accused is seen to have been altered to that of the 2nd respondent, her father, instead of the driver Suresh and that the appellant did not adduce any evidence to clarify the change in the name of the driver Suresh to Radhakrishnan. Apart from that, there is no other reason stated for concluding that the appellant had not proved the accident.

(3.) Heard Sri A.V.M.Salahuddeen, learned counsel for the appellant and Sri R.Ajith Kumar, learned counsel for the 3rd respondent insurer.