IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 1659 of 2004() ----------------------- OPMV.534/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/3RD RESPONDENT ----------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER, THIRD PARTY CELL, VETTUKATTIL BUILDINGS, KOCHI-16. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY ---------------------------------------------------------- 1. SUBHADRA PRABHAKARAN, PONNUTTIL HOUSE, MUTHOLY P.O., PULIYANNOOR, KOTTAYAM DISTRICT. 2. XAVIER JOSEPH, THEKKUMCHERIL HOUSE, THIDANADU P.O., ERATTUPETTA. 3. K.J.JOY, KIZHAVANCHIYIL HOUSE, PERUNILAM, POONJAR. R1 BY ADV. SRI.MATHEW JOHN (K) & SRI.SUJESH MENON V.B. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 1659 OF 2004 -------------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Ramachandran Nair,J. Heard standing counsel for the appellant and counsel appearing for the first respondent. This appeal is filed by the insurance company challenging the award of compensation of Rs. 2,50,250/- awarded in favour of the first respondent for the death of her son in an accident. The victim was only 25 years of age at the time of accident. The only claimant is the mother of the deceased, the first respondent herein. The contention of counsel for the appellant is that victim who was the rider of a motor bike did not have licence and therefore negligence should be attributed to him. However, it is seen that driver of the bus was charge sheeted by the police for rash and negligent driving and for causing the death of the deceased. It is settled position that want of licence is no ground to presume negligence on the part of rider of the bike. We do not find any ground to interfere with the finding of the Tribunal that the 2 driver of the bus was negligent. The amount of compensation awarded is also not very big. We do not therefore find any ground to interfere with the award. Appeal is accordingly dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3