IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 22ND JUNE 2007 / 1ST ASHADHA 1929 MACA.No. 922 of 2007() ------------------------------- OPMV.267/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN OP( MV): ------------------------------------------------------ K.T.KUMARAN,S/O.KELAPPAN,AGED 46 YEARS, RESIDING AT KAPPATHANZHATHIL (H) TRINGANNOOR POST, THOONER-VIA KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENTS/ RESPONDENTS IN OP(MV): -------------------------------------------------------------- 1. C.K.MOHAMMED.S/O.ABDUL RAHIM, AGE NO KNOWN, ASYAVILLA, AYANIKKAD POST, KOZHIKODE.(OWNER OF THE BUS NO.KL.10/C5751). 2. K.MADHUSUDHANAN,S/O.KRISHANAN NAIR, AGED 35 YEARS, KOLAIKANDY HOUSE,KURUVATTOOR POST, KOZHIKODE (DRIVER OFO THE BUS NO.KL-10/C5751). 3. THE UNITED INDIA INSURANCE COMPANY LIMITED,DIVISIONAL OFFICE; WHITE LINES BUILDING, KALLAI ROAD,KOZHIKODE (INSURER OF THE BUS NO.KL-10C 5751). 4. T.V.KUMARAN,S/O.KANNAN, AGE NOT KNOWN, THEKKEVARIPURATH HOUSE, MAYYANNUR POST, VADAKARA,KOZHIKODE (OWNER OF THE BUS NO KL-01/C-3). 5. THE ORIENTAL INSURANCE COMPANY LIMITED, MAVOOR ROAD,KOZHIKODE(INSURER OF THE BUS NO.KL.01/C-3). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.PADMANABHAN NAIR, J. ================== M.A.C.A. No. 922 OF 2007 --------------------------- Dated this the 22nd day of June, 2007 ======================== JUDGMENT The petitioner in O.P.(M.V). 267/2000 on the file of Motor Accidents Claims Tribunal, Kozhikode is the appellant. The appeal is against an award passed by the Tribunal dismissing a claim petition filed by him. The Tribunal had found that there was nothing on record to show that the accident occurred due to the negligence of the driver of the offending vehicle. This is a finding of fact based on good evidence. There is no merit in the appeal and the same is only to be dismissed. In the result, the appeal is dismissed. K.PADMANABHAN NAIR JUDGE. bkn