IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 MFA.No. 236 of 2002(E) -------------------------------- OP(MV).2256/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: PETITIONER IN O.P.(MV)NO.2256/95 OF MACT,ERNAKULAM -------------------- ABDUL SALAM, AGED 44 YEARS, S/O.SRI.ABDUL RAHIMAN,PADINJAKKARA HOUSE, VATTEKUNNAM, EDAPPALLY NORTH,ERNAKULAM,KOCHI. BY ADV. SRI.T.K.RADHAKRISHNAN RESPONDENTS: RESPONDENTS IN OP(MV)NO.2256/95 OF MACT,ERNAKULAM. ----------------------- 1. MR.P.K.HYDROSE, S/O.SRI.KOCHUMARAKKAR, PILAPPILLY HOUE, VIDAKUZHA, THAIKATTUKARA P.O., ALUVA - 683 106 2. THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE,NO.1, P.B.NO.1766, JOSE BUILDING M.G.ROAD, ERNAKULAM, KOCHI. BY ADV. SRI.MATHEWS JACOB (SENIOR) - R2 SRI.P.JACOB MATHEW THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.236 OF 2002 (E) ----------------------------------- Dated this the 29th day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant while working as an employee in Carborandum Universal (Pvt) Limited sustained injuries during the course of employment. He filed an application for compensation contending that injuries were sustained in an accident while he was travelling as a pillion rider in a motor vehicle. The vehicle overturned and the accident was caused. According to him, due to the negligence of the rider of the motor vehicle, accident was caused. Tribunal rejected the application as it was not proved to the satisfaction that the accident occurred as alleged. Though the F.I.R. was produced, charge sheet was not produced. Tribunal was also of the view that wound certificate was not produced, and therefore, it cannot be stated that injuries occurred due to the accident. Tribunal further noticed that if the vehicle is overturned as alleged, it would have some damages. But neither the vehicle has damaged nor the rider was injured. Taking all these MFA.236/02 2 circumstances, tribunal came to the conclusion that he is not entitled to compensation. Now a photocopy of the medical certificate was produced. It shows that accident occurred due to a fall from the motor cycle and other details are not mentioned with regard to cause of injuries. Even though there was knee injury and movement restriction, no fracture is noticed. It is also stated that no fracture is found after taking X-ray. Therefore, the finding of the tribunal that injury suffered by him need not be necessarily due to the accident seems to be correct. In any event, these documents were produced from the appellant, and even if it is remanded, the learned counsel for the Insurance company submitted that, being a pillion rider, a gratuitous passenger will not get the insurance benefit. Considering the facts and circumstances of the case, we are of the opinion that no purpose will be served by remanding the matter, and, we see no ground to interfere in the appeal, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.236 OF 2002 (E) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 29th February, 2008