IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 MACA.No. 2430 of 2008 --------------------------------- OP(MV).NO.1088/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/ PETITIONER IN OP(MV): ----------------------------------------------------- ARUN, AGED 19 YEARS, DATE OF BIRTH 26-11-1989, S/O.MADHAVAN, RESIDING AT NEDUVA, CHALIL HOUSE, P.O.KARANTHOOR, KOZHIKODE. BY ADV. SRI.A.V.M.SALAHUDIN. RESPONDENTS/ RESPONDENTS IN OP(MV): --------------------------------------------------------------- 1. GOVINDAN.T.N., AGE AND FATHER'S NAME NOT KNOWN, RESIDING AT VRINDAVAN.P.O, VENGAPALLY, KALPETTA, WYNAD. 2. SUBRAMANIAN.T.T, S/O.RAMAN, AGED 24 YEARS, RESIDING AT THANDANTHARA VEEDU, ACHOOR, P.O. POZHUTHANA ROAD, WAYANAD. 3. UNITED INDIA INSURANCE COMPANY LTD, BRANCH OFFICE, RAWTHER BUILDING, NEAR PINANGAD ROAD JUNCTION, MAIN ROAD, KALPETTA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.NO.2430 OF 2008 (G) ------------------------------------- Dated this the 6th day of November, 2008 J U D G M E N T Koshy,J. Appellant/claimant at the age of 13, sustained fracture on his head. According to the appellant, while he riding a bicycle, a jeep owned by the 1st respondent and driven by the 2nd respondent hit him. The Jeep was insured by the 3rd respondent Insurance company. Accident resulted in fracture of both bones of the left hand. Ext.A1 is the copy of the F.I.R. Ext.A2 is the wound certificate. It was shown in the wound certificate that fall from cycle is changed as a case of RTA. The claimant was referred to the Medical Board. Medical Board certified that there is no permanent disability. In these circumstances, we are of the view that on the basis of the documents produced, tribunal was right in rejecting the claim. However, the observations in the judgment regarding the claimant's MA.C.A.2430/08 2 advocate and his office are dismissed. Since the child was injured even though not by accident, on the facts and circumstances of the case, we set aside the costs and dismiss the appeal. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp