SUDHAKARAN NAIR K. Vs. RAMACHANDRAN NAIR

JUDGEMENT

(1.) CLAIMANT in OP(MV) No.1431 of 1995 on the file of the Motor Accidents Claims Tribunal, Kollam, is the appellant herein. He filed the application for compensation for the injuries and consequential disabilities sustained by him in a motor vehicle accident alleged to have been involved in the accident, driven by second respondent, owned by the first respondent and alleged to be insured with the third respondent. After considering the evidence on record, the Tribunal found that the appellant has failed to prove the actual vehicle involved in the accident and he has failed to prove that the vehicle insured with the third respondent was really involved in the accident and so he is not entitled to get compensation and dismissed the application. Dissatisfied with the finding of the Tribunal dismissing his claim, he preferred this appeal before this court.

(2.) HEARD the counsel for the appellant and counsel for the Insurance Company.

(3.) ON the other hand, counsel for the Insurance Company submitted that as per the records available, the vehicle involved was KL - 01/B -892 and not the vehicle insured with them. So, in the absence of any acceptable evidence adduced from the side of the appellant to prove the real vehicle involved in the accident, the Tribunal has no option but to dismiss the application.