Prudent Man Will Think Twice Before Taking An Injured Person To Hospital: Kerala HC Dismisses Appeal In Accident Case

The Appellants are the mother and wife of the deceased who had died in a bike accident. The Appellants sought a claim of Rs. 15 Lakhs as compensation.

The Bench of Justice Sophy Thomas said that “The testimony of PWs 1 and 3 coupled with Exts.B1 and B2, justifies the Tribunal in finding that, the accident was not due to any collision between the motorcycle and the autorickshaw, and in all probability, the deceased, who was in a drunken state, as evidenced from Ext.B3, while riding his motorcycle through a damaged road, might have fell down from the bike due to skidding, and the 1 st respondent, who was there with his autorickshaw might have taken him to hospital. But the Police made him an accused. If that is true, a prudent man will think twice before taking an injured person to hospital.”

The Court further added that “Innocent victims of road traffic accidents had lost their lives lying unattended for hours together with bleeding injuries, as nobody may extend a helping hand due to fear of false accusation. The 1st respondent contended that he was falsely implicated in the criminal case, simply because the injured was taken to hospital in his autorickshaw. So, he filed complaint challenging the same. It is submitted from the Bar that the 1st respondent was acquitted in the criminal case.”

Advocate Mathew John appeared for the Appellant while Senior Advocate George Cherian appeared for the Respondents.

In this case, the deceased died after his bike skid and he fell down on the road. It was submitted by the Appellants before the tribunal that Respondent No.1, who is an auto driver crashed into the motorcycle due to which the deceased died. Further, since the auto is covered by insurance, the insurance company was made a party.

The MACT came to the conclusion based on the facts and examining the forensic reports that no collision took place between the auto and the bike and that there was construction work going on in the road and the deceased skidded by himself. The MACT dismissed the claim for compensation, following which, the Appellants approached the High Court.

The High Court after a careful examination of facts and circumstances said that “True, it was unfortunate that a young man lost his life in a road traffic accident by falling down from his bike. It will be equally unfortunate, if an innocent person, who tried to help the injured by taking him to hospital in his autorickshaw, was made an accused in a criminal case. To prove his innocence, he approached the authorities to enquire into the incident, and as a result further investigation was ordered, and on questioning the witnesses and examining the documents, a refer report was filed.”

Accordingly, the High Court dismissed the Appeal.

Cause Title: Marykutty Kurian and Anr. v. Babu Joseph and Anr.

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