IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 MFA.No. 86 of 2003() -------------------------------- OPMV.840/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): 1ST RESPONDENT: ------------------------------------------------ JOS, S/O. CHERIA, RESIDING AT NJAVANAMKUZHIYIL HOUSE, KEERAMPARA KARA, KOTHAMANGALAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SMT.C.S.SHEEJA SRI.M.V.BIPIN RESPONDENT(S): PETITIONER/RESPONDENTS: --------------------------------------------------------------- 1. JIBU KURIAKOSE @ JIBIN KURIAKOSE, KAVAUGUMPILLIL HOUSE, ELAVUMPARAMBU BHAGAM, CHELADU KARA, KOTHAMANGALAM VILLAGE. 2. BOSE MATHEW, NARIYELIL HOUSE, KEERAMPARA P.O., KOTHAMANGALAM. 3. THE ORIENTAL INSURANCE CO.LTD., KOTHAMANGALAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/11/2008 ALONG WITH MFA NO. 999 OF 2002 MFA NO. 1065 OF 2002 MFA NO. 120 OF 2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = M.F.A. No.999 of 2002 and M.F.A. Nos.86 and 120 of 2003 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of November, 2008 J U D G M E N T ---------------------- Koshy, J. The motor cycle bearing Reg.No.KL-7/J-4212 collided with another motor cycle bearing Reg. No.KL-7/C-6585 on 27.1.1998 The pillion rider of the motor cycle, No.KL-7/J-4212 died in the accident. The rider of the motor cycle No.KL-7/C-6585 sustained injuries. Appellant also sustained injuries. According to the appellant, he was a pillion rider in motor cycle No.KL-7/J- 4212 and the deceased was riding the motor cycle. Even though the appellant was charge-sheeted for offences punishable under Sections 229, 337, 338 and 409A of the Penal Code, it resulted in acquittal for want in acquittal. P.W.2 as well as P.W.5 who witnessed the accident gave oral evidence to the effect that the appellant was riding the motor cycle, KL-7/J-4212 and was not a pillion rider as contended. On investigation police also found that the appellant was riding the motor cycle. Merely because he was acquitted for want of evidence that cannot mean that he was a pillion rider. Police records show MFA No.999/2002 & connected cases -: 2 :- that appellant was riding the motor cycle. The scene mahazar shows that his motor cycle was on the extreme wrong side. Therefore, we see no ground to interfere with the reasoning given by the Tribunal and fully agree with the same. There is no merit in the appeals and they are dismissed. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv J.B. KOSHY & THOMAS P.JOSEPH, JJ. =================== M.F.A. NO.999 OF 2002, M.F.A. NO. 86 OF 2003 AND M.F.A. NO.120 OF 2003 =================== J U D G M E N T 21ST NOVEMBER, 2008