SADASIVAN PILLAI, S/O. NARAYANA PILLAI, B-7, SIVASYAM, MAVELIPURAM KAKKANAD P.O. ERNAKULAM REPRESENTED BY HIS NEXT FRIEND WIFE SYAMAKUMARI Vs. SMT. SUSAN JOHN, VALIZHIKAM MIG 25, SURABHI NAGAR, KAKKANAD, ERNAKULAM,

JUDGEMENT

(1.) The claimant before the Motor Accidents Claims Tribunal, who continues to be in the following conditions on account of the injuries sustained by him in a road traffic accident has preferred this appeal being aggrieved by the award of the Motor Accidents Claims Tribunal under which the O.P was dismissed completely on the reason that the identity of the vehicle Maruti 800 Car bearing Registration No. KL-7/A 3600 as the offending vehicle has not been established:

(2.) The learned tribunal has expressed displeasure regarding the documents produced by the appellant for substantiating his claim for compensation under various heads. However, we are convinced of a careful reading of the award that the decision of the tribunal turned mainly on the basis of the finding that the identity of the offending vehicle has not been established by adducing cogent evidence.

(3.) Shri K.A. Sebastian, learned counsel for the appellant addressed extensive submissions before us. Our attention was drawn by the learned counsel to the pleadings raised by the contesting respondents and to the evidence adduced especially, Ext. A2. Ext. A2 is the police charge in the criminal case charge sheeted by the police against the second driver of the vehicle KL - 7/A 3600. The learned counsel also placed before the Court, the entire bunch of police records including the Mahazar prepared by the police in respect of seizure of the above vehicle as part of investigation of the criminal case.