IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 MACA.No. 1747 of 2006() ----------------------- OPMV.587/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/3RD RESPONDENT: -------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., MUVATTUPUZHA, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT: CLAIMANT: ---------------------------------------- K.K.BABY, S/O.KOCHUKURU, KULAPPURATHU HOUSE, KADATHY KARA, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA. BY ADV. SRI.T.RAJESH - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.1973/2006 IN M.A.C.A.NO.1747/2006 DISMISSED 27/06/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1747 OF 2006 = = = = = = = = = = = = = = = Dated this the 27th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)587/02. The claimant while travelling as a pillion rider sustained injuries in a road accident due to the capsize of the bike in which he travelled. The insurance company denied the accident and the Tribunal on appreciation of the materials before it held that the accident had taken place and it was due to the rash and negligent driving of the first respondent and awarded a compensation of Rs.34,600/-. It is against that decision, the insurance company has come up in appeal. 2. Heard the counsel for the insurance company and perused the award. It is the definite case of the claimant that while he was travelling as a pillion rider, the vehicle capsized and resulted in injuries to him. As per a private complaint a F.I.R. was registered and after due investigation the police filed Ext.A4 charge sheet against the first M.A.C.A. 1747 OF 2006 -:2:- respondent in the claim application under Section 279 and 338 IPC. There was a wound certificate which indicates about the accident and sustainment of injuries. It is recorded that it is a fall from bike. When the vehicle capsized and the pillion rider sustained injuries it will amount to a fall from bike and it cannot be said that what is spoken to by the claimant is incorrect. Further, the first respondent in the claim petition appeared before the Magistrate Court and pleaded guilty and he has been convicted. So these documents are there to establish the factum of the accident. Further before the Tribunal PW1 and PW2 were examined which also proved the factum of accident. Learned counsel for the insurance company would contend before me that the time of the accident show it is an indication that it has not happened. The time gap is about 2 to 3 hours. The question is whether an accident as spoken to had taken place at that time. Materials supplied are only one sided which has been appreciated and found by the Tribunal in favour of the claimant. I do not find any ground to interfere with the said M.A.C.A. 1747 OF 2006 -:3:- decision. So far as the liability of the insurance company is concerned there is no plea that there is no coverage by the policy and therefore that also does not loom large for consideration. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-