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. 1487 of 2005() ----------------------- OPMV.1797/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- SUNNY, S/O. JOHNY, RESIDING AT THERMADAM HOUSE, NADATHARA, THRISSUR DISTRICT. BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.SREEKANTH.K.R SRI.JIBU P THOMAS RESPONDENT(S): RESPONDENTS: --------------------------- 1. PINTO J. THERMADOM, S/O. JOHNY, RESIDING AT THERMADOM HOUSE, NADATHARA, THRISSUR DISTRICT. 2. TITTO J.THERMADOM, S/O. JOHNY, RESIDING AT THERMADOM HOUSE, NADATHARA, THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, 2ND FLOOR, T.D. BUILDING, P.O. BOX 158, ROUND WEST, THRISSUR. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SMT.R.PADMAKUMARI FOR R1,R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON 12/01/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1487 of 2005 .................................................................... Dated this the 12th day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the Insurance Company. The appeal is filed against rejection of claim petition. After going through the award and after hearing counsel appearing for both sides, we do not find there is any scope for interference because claim is prima facie bogus in as much as appellant's case that second respondent was riding the bike is an unbelievable story. Going by the extensive damage sustained to the motor bike, the rider obviously cannot escape unhurt. However, petitioner's case is that nothing happened to the rider who was none other than his brother and appellant as pillion rider only sustained 2 injuries. The MACT rightly rejected the case put forward by the appellant as unbelievable. We, therefore, dismiss the appeal. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms