IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 MACA.No. 3 of 2004() -------------------- OPMV.311/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S)/CLAIMANT -------------------------------- GOPALAKRISHNAN S/O. KUTTAPPAN, AGED 56 YEARS, KUNDAMTHURUTHEL HOUSE, ELANJI KARA, ELANJI VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): RESPONDENTS -------------------------- 1. ANISH S/O. RAGHAVAN, THACHARICKAL HOUSE, KONNATHADI KARA, KONNATHADI VILLAGE, IDUKKI DISTRICT. 2. SHAJI VARGHESE, ORAMADATHIL HOUSE, ADIMALI POST, MANNAMKANDAM, IDUKKI DISTRICT. 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., KOTHAMANGALAM, ERNAKULAM DISTRICT. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NO. 3 OF 2004 --------------------------------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT Ramachandran Nair, J. Appeal is filed against the order of the Motor Accidents Claims Tribunal, Thodupuzha rejecting the claim petition for the reason that the accident does not stand proved. 2. On going through the award, we find that the Tribunal has considered the entire evidence and found that the accident itself was not proved and that it is a bogus case put forward by the appellant/claim petitioner. We do not find any ground to interfere with the findings of the Tribunal. Further, the Insurance Company is not liable as the vehicle is covered by an Act Policy and even according to the appellant, he was only a pillion rider. Appeal is consequently dismissed. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ 2 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NO. 3/2004 JUDGMENT 2nd December, 2008