IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 1000 of 2005() ----------------------- OPMV.1863/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- BABU. M.P., S/O. POTHAN, MANAKKANDASTHIL HOUSE, MEKKADAMBU P.O., VALAKOM VILLAGE, RAKKAD, MUVATTUPUZHA. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT(S): --------------- 1. VINOD. P.G., S/O. GOPALAKRISHNAN, PALIYATHU HOUSE, RAKKAD KARA, MEKKADAMBU P.O., VALAKOM VILLAGE, MUVATTUPUZHA. 2. SABU. C.G., S/O. GEORGE, CHOLLAKKATTU HOUSE, MEKKADAMPU P.O. RAKKAD, VALAKOM VILLAGE, MUVATTUPUZHA. 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., THRIPUNITHURA DIVISION, P.B.NO.48, DAMODAR CHAMBERS, STATUE JUNCTION, TRIPPUNITHURA. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 1000 OF 2005 -------------------------------------------- Dated this the 3rd day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed challenging the award of the MACT declining to grant compensation for the reason that the accident did not happen in the way it is stated by the appellant. We have heard counsel appearing for the appellant, standing counsel appearing for the insurance company and have gone through the award. It is clear from the award that in the wound certificate issued by the Hospital, which admitted the appellant after the accident, it is stated that the accident was caused on account of collision between appellant's bike and a bicycle. The case of the appellant that the accident occurred by collision of jeep with his bike is a story created to claim compensation from the insurance company. We find no ground to interfere with the finding of the MACT. Consequently appeal is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2