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. 1236 of 2006() ----------------------- OPMV.44/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/RESPONDENTS 1 AND 2 -------------------------------------------- 1. BABY KURIAKOSE, S/O. KURIAKOSE, VILLAMPUZHAPUTHENPURAYIL HOUSE, VADAKKEPALAKKUZHA KARA, PALAKKUZHA VILLAGE. 2. JESSY JOHN, MANAGING PARTNER, M/S. CARE DENT CERAMICS, IIND FLOOR, MADAPPARAMBIL SHOPPING COMPLEX, MUVATTUPUZHA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): PETITIONER/3RD RESPONDENT ----------------------------------------- 1. MOLLY YOHANAN, W/O. YOHANAN, CHENNAKKATTU HOUSE, KADAYIRUPPU P.O., KOLENCHERY-682 311, AIKKARANADU NORTH VILLAGE. 2. THE ORIENTAL INSURANCE CO. LTD., MARKET ROAD, MUVATTUPUZHA. ADV. SRI.C.P.UDAYABHANU FOR R1 SRI.PAUL K.PETER FOR R1 SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW FOR R2 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. 1236 OF 2006 -------------------------------------------- Dated this the 12th day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed by driver and registered owner of a jeep against the compensation awarded in favour of a person injured in an accident caused by the jeep. In fact the injured was a passenger in a car which was hit by the jeep. Counsel for the appellants contended that in the criminal case charged against the driver of the jeep, he was exonerated because claimant himself turned hostile. Senior counsel appearing for the insurance company contended that insurance company has paid the compensation awarded. We do not think acquittal in a criminal case that too based on evidence given by injured in favour of the driver of the vehicle can be relied on for interfering with the award passed by the MACT in favour of the injured. Moreover, insurance company has owned up liability. We see no reason why the appellants should pursue this appeal. We therefore dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) kk Judge. 2