IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 MACA.No. 478 of 2005() ---------------------- OPMV.414/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- DOMINIC, S/O.ANTONY, RESIDING AT KRITHARIYIL HOUSE, P.O.PUTHENVELI. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SMT.M.R.VALSA SRI.SREEKANTH.K.R SRI.LEJU T.BALAN RESPONDENT(S): RESPONDENTS --------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. THOMAS, DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION, PERUMBAVOOR DEPOT, PERUMBAVOOR. ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC FOR R1 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 SHRI NANDAGOPAL NAMBIAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 478 of 2005 ------------------------------------------------------ Dated: FEBRUARY 11, 2010 JUDGMENT Basheer, J. When this appeal is taken up for consideration it is brought to our notice that the appeal preferred by the pillion rider against the common award had already been dismissed by this Court by judgment dated May 23, 2005 in MACA 474/2005. This appeal is at the instance of the rider of the said two wheeler in respect of the very same accident. 2. The Tribunal found that the alleged offending vehicle belonging to the K.S.R.T.C. had not been operating on the route in question on the day when the alleged accident took place. The said view has already been confirmed by this Court in MACA 474/2005 . Therefore this appeal also is liable to be dismissed. We do so. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/- 2