IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 2480 of 2008(L) ------------------------------------ OPMV.3455/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN THE OP(MV) ----------------------------------------------------------- LIBEESH P., S/O.GOPALAN, AGED 28 YEARS, MYLADUMPOYIL HOUSE, P.O.KADIYANGAD, PERAMBRA- VIA, KOZHIKODE. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN THE OP(MV) -------------------------------------------------------------------- 1. SHAFEEQUE K.K., KOROTHKANDY HOUSE, P.O.MUTHUVACHANA, KUTTIADI, CALICUT. 2. LINEESHKUMAR, S/O.KUNHIKANNAN, AGED 28 YEARS, KANNOTH VEEDU, PALAZHI, CALICUT. 3. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, PRAMOD BUILDING, IIND FLOOR, CHEROOTY ROAD, KOZHIKODE. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.2480 of 2008 - A =============================== Dated this the 18th day of November, 2008. J U D G M E N T KOSHY, J. According to the appellant, on 10.6.2002 while he was travelling as a pillion rider in a motor cycle bearing registration No.KL-11-M-3855 from Kuttiadi to Kozhikode the vehicle capsized due to the negligent driving of the 2nd respondent who was riding the vehicle. Rider and owner were ex-parte before the Tribunal. Insurance company contended that the accident did not occur as alleged by the petitioner. The accident occurred due to the collision with the KSRTC bus, as can be seen from Ext.A1, FIR where it was registered under Sections 279 and 337, IPC against the KSRTC bus driver. The KSRTC bus owner or driver is also not made as a party. The Tribunal further noticed that no oral evidence was adduced to show the negligence aspect. In Ext.A2, wound certificate also it is stated that the motor cycle hit the bus. So, that is the first statement recorded. In these circumstances, the tribunal found that the accident did not occur as alleged. M.A.C.A.No.2480 of 2008 - A 2 There is no evidence to show that the rider of the motor cycle at the time of the accident was 2nd respondent. In these circumstances, in the absence of evidence, we are unable to interfere with the award. Hence the appeal is dismissed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-