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 WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 MACA.No. 441 of 2003() ---------------------- OPMV.1316/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV) -------------------------------------------- K.K.DAVIS, S/O.KUNJUVAREED, KUTTIKKAD HOUSE, CHERUVALOOR P.O., MUKUNDAPURAM TALUK. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OP(MV) ------------------------------------ 1. JAISON CHERIYAN, S/O.T.L.CHERIYAN, THARAKAN PARAMBIL HOUSE, KORATTY P.O., MUKUNDAPURAM TALUK. 2. K.V.JOY, S/O.K.S.VARKEY, KAYYANIKUNNIL HOUSE, KORATTY P.O., MUKUNDAPURAM TALUK. 3. BRANCH MANAGER, ORIENTAL INSURANCE COMPANY, NORTH NADA, KODUNGALLUR. 4. K.V.VARGHESE, S/O.VARGHESE, KAVALAKKATTU HOUSE, CHERUVALOOR P.O. 5. THE ORIENTAL INSURANCE CO.LTD., SOUTH JUNCTION, CHALAKUDY. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 & R5 SRI.R.KIRAN FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.441 of 2003 .................................................................... Dated this the 5th day of August, 2009. JUDGMENT Abdul Rehim, J. Claimant before the Tribunal is in appeal against dismissal of the claim petition. According to the appellant the accident occurred when a Scooter hit against the Scooter on which he was traveling as pillion rider. The Tribunal found that there was not even any records available with respect to the injury sustained to the appellant nor about his hospitalisation immediately after the accident. The appellant could not produce the wound certificate with respect to the alleged hospitalisation. It is noticed that the Police case was registered only after 41/2 months of the alleged incident, that too on the basis of a private complaint filed by the appellant before the Magistrate's Court. From the Motor Vehicle Inspection reports, the Tribunal found that there is absolutely no damages sustained to both the vehicles. From the above said facts and evidence, the Tribunal found that the appellant could not prove the accident. 2 2. On evaluating the evidence on record, we do not think that any interference is called for with respect to the findings arrived at by the Tribunal regarding factum of the alleged accident. Hence the appeal deserves no merit and is accordingly dismissed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms