IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 MACA.No. 1795 of 2005() ----------------------- OPMV.1810/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- JESSY JOHN, W/O.JOHN, AGED 35 YEARS, RESIDING AT PUTHENPURAYIL HOUSE, MARADY VILLAGE, RAMANGALAM KARA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENT(S): RESPONDENTS -------------------------- 1. MOLLY YOHANNAN, W/O.C.V.YOHANNAN, CHENNEKKATTU HOUSE, KALANGAMARY, KADAYIRUPPU P.O., KOLENCHERY. 2. VARGHESE YOHANNAN, NECHUPADOM HOUSE, KADAYIRUPPU. 3. NATIONAL INSURANCE CO LTD., KOLENCHERY. ADV. SRI.M.A.GEORGE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1795 OF 2005 -------------------------------------------- Dated this the 12th day of January, 2009 JUDGMENT Ramachandran Nair,J. Appellant is the registered owner of a jeep which hit against an ambassador car. In the accident one of the passengers in the car died while another sustained injury. The driver of the appellant's vehicle stood charge sheeted for offences punishable under Sections 279, 337, 338 and 304A IPC. In fact compensation is seen awarded in favour of the injured and the dead by the MACT and against the appellant and her insurer. This appeal is filed against rejection of claim of compensation by the appellant for the personal injury sustained by her in the accident. Since appellant is the registered owner of the offending vehicle, appellant's claim against insurer of the car was rightly rejected by the MACT Even though appellant's counsel has relied on evidence of the injured claimant in the other claim , we do not think such evidence is admissible at all. We therefore dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. 2