IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 MACA.No. 55 of 2007() --------------------- OPMV.1632/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): -------------- REJI, S/O. KOCHUKUNJU, SANTHABHAVANAM, CHENKULAM, POOYAPPALLY. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. SYED MUHAMMED, S/O. ABDULKHAN, KANJOORUTHENPERU, RANDEKARA, MUVATTUPUZHA, ERNAKULAM. 2. RAJAN PILLAI, RAJENDRASADANAM, THALACHIRA, ELAMADU, 3. ORIENTAL INSURANCE COMPANY LTD., COCHIN. 4. BIJU, SANTHABHAVANAM, CHENKULAM OYOOR. 5. NATIONAL INSURANCE COMPANY, KOLLAM. 6. HARIDASAN, S/O. NANAPPAN, ANIPPALLILPADINJATTATHIL, ASDRAMAM, KOLLAM, FILED. 7. SUSEELA, ANIPPALLILPADINJATTATHIL, ASDRAMAM, KOLLAM. ADV. SRI.C.A.MAJEED FOR R1 SRI.SHAJAHAN P.M. FOR R1 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SMT.SARAH SALVY FOR R5 SRI.B.MOHANLAL FOR R6 & 7 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA.No. 55 of 2007-B - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of October, 2010 Judgment Basheer, J: Appellant was riding a two wheeler which was one of the two vehicles involved in a road traffic accident. The other offending vehicle was allegedly driven by respondent No.2 and owned by respondent No.1 herein. The Tribunal after considering the oral and documentary evidence available on record found that the appellant (the rider of the two wheeler) and the driver of the other offending vehicle had contributed to the accident in equal measure through their rash and negligent driving. Resultantly an award was passed directing the insurer of the lorry and the owner of the two wheeler to pay the compensation of Rs.2,18,000/- to the claimants in equal proportion. 2. It is significant to note that the owner of the two wheeler has been directed to pay the compensation and not the appellant. The owner has not bothered to challenge the award before us. In other words, he has apparently accepted the award. In that view of the matter, we do not find any reason to entertain this appeal by the rider who has not been mulcted with any liability. The appeal fails and it is accordingly dismissed. A.K. Basheer Judge. P.Q. Barkath Ali an. Judge.