IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 MACA.No. 1770 of 2005() ----------------------- OPMV.958/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/PETITIONER. ----------------------------------- BAHVANI, W/O.AYYAPPAN, AGED 45 YEARS, RESIDING AT VELAKKATTIKUDI HOUSE, PANCODE, PUTHENCRUZ. BY ADV. SMT.ANNIE PAUL SRI.PHILIP J.VETTICKATTU RESPONDENT(S): RESPONDENTS. --------------------------- 1. SWAMINI SKARIA, W/O.SKARIA, THEKKEKKUZHI HOUSE, RAMAMANGALAM P.O. MUVATTUPPUZHA. 2. DIJI JACOB, S/O.JACOB THOTTATHIL HOUSE, KOTTAPURAM, RAMAMANGALAM. 3. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO.LTD., MUVATTUPPUZHA. ADV. SRI.M.S.PATTALI FOR R3 SRI.K.J.KURIACHAN FOR R3 SRI.K.C.ELDHO FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1770 of 2005 .................................................................... Dated this the 13th day of November, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed challenging the order of the MACT declining to grant any compensation to the claimants for the reason that accident and death claimed are not on account of any motor accident. We have heard counsel for both sides and have gone through the award. 2. We notice that the victim was 85 year old person and she suffered some minor injuries on account of the fall while crossing the road. The persons who took her to the hospital gave statement that on seeing an autorickshaw, she got scared and fell down in the road. The nature of injuries prove beyond doubt that she was not hit by the Tempo van as claimed by the claimants. It is quite natural that an 85 year old person gets scared on seeing a vehicle, that too, while crossing the road. Such accident which is not caused by any vehicle will not 2 entitle the claimants for compensation, no matter the 85 year old lady succumbed to the minor injuries sustained by her on account of fall in the road. The appeal is therefore dismissed. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms