IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 MACA.No. 877 of 2005() ---------------------- OPMV.220/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): PETITIONER ----------------------- JAYAPRAKASH, S/O.ACHUTHAN NAIR, RESIDING AT CHAKKADATH HOUSE, P.O.ERAVU, THRISSUR DISTRICT. BY ADV. SRI.S.ANANTHAKRISHNAN RESPONDENT(S): RESPONDENTS --------------- 1. E.RATNA, W/O.A.SADANANDAN, RESIDING AT ASARIKANDIYIL HOUSE, CHELAVOOR, KOZHIKODE. 2. A.SADANANDAN, S/O.KUNHIKANDAN, RESIDING AT ASARIKANDIYIL HOUSE, CHELAVOOR, KOZHIKODE. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, II, CHEROOTTY ROAD, CALICUT. ADV. SRI.P.MURALEEDHARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.877 of 2005 -------------------------------------- Dated this the 10th day of November, 2008. JUDGMENT Koshy, J. The appellant/claimant while driving a car sustained injuries in a motor accident on 17.9.1999 at about 4.15 a.m. While he was driving the car, it hit the bus bearing registration No.KL-11/1257 which was parked in the side of the road. As a result of the accident, passengers in the car as well as bus sustained injuries. One person died in the accident. Tribunal disposed of all the cases including the claim petition filed by the appellant by a common award. Tribunal found that the accident occurred due to the negligence of the appellant and hence his claim for compensation was dismissed. After considering scene mahazar (Ext.A2), final report (Ext.A5) and other evidence Tribunal found that the appellant driver of the car was negligent. Even though by Ext.A20 judgment he was acquitted in the criminal case it was found that he was acquitted merely because eye witnesses were not able to identify him properly. With regard to the other two cases disposed of with the claim petition, the Tribunal allowed the claim MACA No.877/2005 2 petitions and directed the Insurance Company which insured the car to deposit the compensation after finding that the appellant driver of the car was negligent and responsible for the accident. Appellant herein did not file appeal against the awards in the other two claim petitions disposed of by the common award. We are of the opinion that the decision in those two cases bind the appellant. In the above circumstances, we find no reason to interfere in the appeal. Appeal therefore, is dismissed. J.B.KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. cks