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 THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 MACA.No. 814 of 2003() ---------------------- OPMV.247/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- SAJI C.N., S/O NARAYANAN, HOUSE NO. XXI/2719, NEAR KALAKKATTIL ILLAM, THAYAMARI ROAD,PAYYANNOOR,NOW RESING AT CHENGARAPARAMBIL HOUSE,EAST KALOOR, KUMARAMANGALAM VILLAGE,THODUPUZHA TALUK. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.JAYACHANDRA BABU.K. RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. V.K.KUNJIKANNAN, DRIVER, K.S.R.T.C., PAYYANNOOR DEPOT,PERUVA P.O.,PAYYANNOOR, KANNUR. ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.814 of 2003 .................................................................... Dated this the 18th day of June, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed against order of the Tribunal dismissing a claim petition for the reason that accident is not proved. We have heard counsel for the appellant and Standing Counsel for KSRTC. 2. Appellant's case is that while he was traveling in a motorbike, a KSRTC bus coming from the opposite direction ran over a stone chip which was thrown to the air which flew off and hit his eye causing serious injuries and eventual loss of vision. However, on going through the award, we find the MACT has extracted the wound certificate wherein the Doctor has quoted the cause of injury stated by the appellant as on account of fall of a stone chip from a truck going in front of him. We do not find any ground to interfere with the Tribunal's order because there is no negligence on the part of the KSRTC driver even if appellant's own version is correct. Besides this, it is very unlikely that a stone can be blown up by a bus from the road 2 to the level of eye of a rider of a motorbike. On the other hand, the more probable case is fall of the stone chip from the lorry proceeding in front of the appellant. We, therefore, dismiss the appeal filed against KSRTC. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms