IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 MACA.No. 362 of 2003() ---------------------- OPMV.629/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- DR.BIJU S/O. MADHAVAN, 'ASWATHY' XXXIX/268 THIRUVANANTHAPURAM CORPORATION THENGAPURA ROAD, KAITHAMUKKU BHAGAM VANCHIYOOR KARA, DO. VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.T.J.MICHAEL RESPONDENT(S): RESPONDENTS -------------------------- 1. MOUTH ANNAN S/O. SAYED MOHAMMED PODIPARACHAL HOUSE, VENGALLOOR KARA, MANJALLUR VILLAGE. 2. ORIENTAL INSURANCE CO.LTD., REPRESENTED BY BRANCH MANAGER, THODUPUZHA. ADV. SRI.VPK.PANICKER FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.362 of 2003 .................................................................... Dated this the 20th day of October, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. Even though counsel argued in support of the case of the claimant, on going through the award we find that the story put up by the appellant that the accident happened on account of collision of the lorry driven by first respondent with appellant's bike is not proved. On the contrary, MACT has given sufficient reason to disbelieve appellant's claim. Since the accident is found to have been caused on account of negligence of the appellant by driving the bike at a high speed, we dismiss the appeal. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms