IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 1474 of 2008 -------------------------------------- OPMV.1821/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER: P.SURESHKUMAR, S/O. KRISHNAN NAIR, AGED 46, PARAMBATH HOUSE, P.O. THUVAKKAD, WEST NADAKAVU, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/RESPONDENTS: 1. N.BABU, S/O.RAMAN, NEDIYARAMBATH HOUSE, AMBADI, ERANHIKAL, ELATHUR, KOZHIKODE. 2. NEW INDIA INSURANCE CO. LTD., SHAFEER COMPLEX, 6/975D, OPP.YMCA., KANNUR ROAD, KOZHIKODE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.A.C.A.No.1474 of 2008 --------------------------------- JUDGMENT Koshy, J. The appellant/petitioner serious injuries in a motor accident. He was riding a scooter bearing Reg.No.KL-11/C 5802 from Nadakkavu to Elathur. While so, the scooter hit from behind on a motor cycle bearing Reg.No.KL-11/K 5697, which was going ahead and owned and driven by the first respondent and thereby he sustained serious injuries. According to him, he hit behind the above vehicle only because the first respondent stopped the vehicle suddenly. To prove his case, he produced the FIR, charge sheet and copy of the criminal court judgment. Exhibit A1 is the FIR. It shows that the appellant himself was negligent. After due investigation, the appellant himself was found negligent and he was charge sheeted. However, for the lack of evidence, he was acquitted by the MACA 1474/08 2 criminal court. In any event, there is no evidence to show that the first respondent was negligent. In the above circumstances, the Tribunal correctly found that the appellant/petitioner himself was negligent and declined to grant any compensation. We fully agree with the views of the Tribunal. The appeal is dismissed. (J.B.Koshy, Judge) 6th August, 2008 (K.P.Balachandran, Judge) tkv