C.K. DIVAKARAN Vs. ANOOP JOY AND ORS.

JUDGEMENT

(1.) THE appellant is the claimant in O.P.(MV). No. 579 of 2010 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The respondents are respondents 1 and 2 respectively therein. By award passed on 6.8.2012, the Motor Accidents Claims Tribunal dismissed the claim petition filed by the appellant on the ground that the owner and driver of the motor bike involved in the accident have not been impleaded and that the pleadings and the evidence in the case are contradictory. The claimant has, aggrieved thereby, filed this appeal. The brief facts of the case are as follows:

(2.) THE appellant instituted O.P(MV) No. 579 of 2010 before the Motor Accidents Claims Tribunal, Ernakulam on 16.08.2009. He had in column No. 15 of the application stated that the motor vehicle involved in the accident was a Hero Honda bike bearing registration No. KL -7AV -2483. In column 16 of the application the name and address of the owner of the said motor bike is given as Anoop Joy, S/o Joy, Kolarikkal (H), South Chittoor P.O., Cheranalloor. In column 18, he had stated that the National Insurance Company Limited, Chittoor Road, South Junction, Kochi -16 is the insurer of the vehicle. In column 28 of the application he had inter alia stated as follows:

(3.) BY the impugned award, the Motor Accidents Claims Tribunal dismissed the claim petition on the short ground that the claim petition has been prepared and filed in an irresponsible manner and that the pleadings and the evidence are contradictory to each other. The Tribunal has also pointed out the fact that though in the claim petition, the motor vehicle involved in the accident is described as a bike, in the cause title, beneath the name and address of the first respondent, it is stated that he is the owner of a bus. The appellant/claimant has, as stated earlier, filed this appeal aggrieved by the award passed by the Motor Accidents Claims Tribunal dismissing the claim petition on the above grounds.