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 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 MACA.No. 494 of 2004() ---------------------- OPMV.1377/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: --------------------------------------- SIJO, S/O. JOSE, AGED 24 YEARS, MANIKUZHIYIL HOUSE, AYAVANA, ENANALLOOR VILLAGE, MUVATTUPUZHA. BY ADV. SRI.K.JAJU BABU SMT.A.S.BEENU RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. BENNY SEBASTIAN, KOOTTIYANIYIL VEEDU, VARAPPETTY VILLAGE, KOTHAMANGALAM TALUK. 2. ORIENTAL INSURANCE COMPANY LTD., KOTHAMANGALAM BRANCH, KOTHAMANGALAM. ADV. SRI.P.V.ELIAS FOR R1 DR.ELIZABETH VARKEY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.1382/2004 IN MACA.NO.494/2004 CLOSED 20/11/2008 SD/- J.B.KOSHY, JUDGE SD/- THOMAS P.JOSEPH, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- M.A.C.A. No. 494 of 2004 --------------------------------------- Dated this the 20th day of November, 2008 Judgment Koshy,J. Appellant sustained serious injuries in an accident on 18.7.1999. His application for compensation was dismissed as accident occurred due to his own negligence. While the appellant was riding a motor cycle with a pillion rider, a car came from the opposite direction and collided with the motor cycle. Appellant as well as the pillion rider sustained injuries. After considering the evidence, scene mahazar, AMVI reports and charge sheets filed, Tribunal found that appellant, rider of the motor cycle, was solely negligent for the occurrence of the accident. Pillion rider also filed a claim petition. Both claim petitions were considered and disposed of by the Tribunal by a common award. In the petition filed by the pillion rider, O.P.(M.V.) No.186 of 2000, appellant herein was the fourth respondent. It was found in that case that he was negligent and insurance company which insured the motor cycle was directed to deposit the amount. Even though he was a party, he did not challenge the findings. Since it is a common award, those findings M.A.C.A. No. 494/2004 2 are binding on him. Apart from the above, it can be seen from the scene mahazar that he was on the extreme wrong side at the time of the accident and the evidence fully justify the findings of negligence on his part. In the above circumstances, we see no ground to interfere in the award and, therefore, the appeal is dismissed. J.B.Koshy Judge Thomas P. Joseph Judge vaa M.A.C.A. No. 494/2004 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- M.A.C.A.No.494/2004 ------------------------------------- Judgment Date:20th November,2008