IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 MACA.No. 1548 of 2006() ----------------------- OPMV.1226/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/PETITIONER: ---------------------------------- SONY JOSEPH, S/O.JOSEPH, PUTHENPURACKAL HOUSE, THURUTHY P.O., PERUMBAVOOR. BY ADV. SRI.KURIAN ANTONY EDASSERY SMT.ANN EMIL JOSEPH RESPONDENT(S): --------------- 1. KORATH PAUL.K., KOLANJIYIL HOUSE, THURUTHY P.O. 2. PHILIP, S/O.VARGHESE, NAMMANALLY HOUSE, THURUTHY P.O., VENGOOR WEST. 3. THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, 2ND FLOOR, VADAKKANETHIL TOWERS, NEAR PRIVATE BUS STAND, PERUMBAVOOR. ADV. SRI.P.JAYASANKAR FOR R3 SRI.BOSE K.THACHIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON 12/01/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1548 of 2006 .................................................................... Dated this the 12th day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing counsel for the Insurance Company. On going through the award and after hearing the parties, we are not convinced that the accident happened in the way claimed by the appellant. It is seen that inspite of claim of serious injuries, appellant was admitted in the Hospital a day after the accident. Further, the complaint is launched about the accident only on 6.6.2002, even though the accident was on 16.4.2002. The appellant's case that he was hit by the bike while walking on the road was not believed by the MACT. It is said that appellant himself was riding the bike and the accident was on account of bike hitting an electric post. We do not find 2 any ground to interfere with the order of the MACT holding that the claim is not genuine. The appeal is consequently dismissed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL RAHIM Judge pms