IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 553 of 2007(G) ------------------------------ MVOP.526/2000 of MACT, IRINJALAKUDA .................... APPELLANT(S):/PETITIONER ---------------------------------- SUSHIL, S/O MANI, KUNJILIKKATHIL HOUSE, KIZHUTHANI VILLAGE, PORATHISSERY, THRISSUR DIST. BY ADV. SRI.V.BINOY RAM RESPONDENT(S): RESPONDENTS -------------------------- 1. V.D.SALEESH(DRIVER) S/O DIVAKARAN, VETTIYATHIL HOUSE, KODALI DESOM, MATTATHUR VILLAGE, PADY P.O., THRISSUR DIST. 2. NEEMA GEORGE,(OWNER) MALAYIKUDIYIL HOUSE, PADY, KODAKARA. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., MANAPPATT BUILDING, P.B.NO.27, NORTH NADA, KODUNGALLUR. ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 553 OF 2007 = = = = = = = = = = = = = = = Dated this the 12th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)526/00. The claimant, a 18 year old man sustained injuries in a road accident and it is his contention that while he was riding his motorcycle and was proceeding, a bus which was going in front of him without any signal stopped it and that resulted in motorcycle hitting on the back of the bus resulting in injuries to him. The insurance company would contend that it is not so and the accident had taken place only on account of the negligence of the petitioner. The Tribunal has considered the matter elaborately, both documentary and oral, i.e.Exts.A1 to A9 and PW1. PW1 is the claimant. The Tribunal found that the young man was alcoholic at the time of the accident and there was a smell of alcohol which is described as double positive. The Tribunal found that the young man had not follow the traffic rules as well. It is a M.A.C.A. 553 OF 2007 -:2:- settled rule that when a vehicle is driven it is statutorily necessary to keep a distance of 10 mtrs. from the vehicle which is going in front of it. The said rule is intended to safeguard the persons from hitting on the back of the vehicle if the vehicle is driven at a reasonable speed. The Tribunal also found that the front side of the motorcycle had been badly damaged which will show the force of impact and it also finds that the accident took place while this young man was attempting to over took the bus through the left side of the bus. So it is a case where, (1) the young man was alcoholic (2) he did not keep a reasonable distance from the bus and (3) to crown all he has attempted to over took the bus through the wrong side. When all these materials are clubbed together then there can be only one finding that the accident is only on account of the rider of the motorcycle which unfortunately is this claimant. The Tribunal has properly appreciated the matter and arrived at a decision which does not call for any interference. Therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-