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 FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 MACA.No. 1934 of 2005() ----------------------- OPMV.87/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): APPELLANT/APPLICANT --------------------------------- VIMAL KUMAR.R, (MINOR), REP. BY HIS MOTHER VIMALA KUMARI.P, KULATHINKARA PUTHEN VEEDU, SATHYAN NAGAR, ESTATE.P.O, PAPPANAMCODE, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. K.KISHORE KUMAR, S/O.KRISHNAN, CHEMMANNANVILA NADUTHATTU VEEDU, KARAKKAMANDAPAM, NEMOM.P.O, THIRUVANANTHAPURAM. 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, HOSPITAL JUNCTION, NEYYATTINKARA, THIRUVANANTHAPURAM. ADV. SRI.N.S.MOHAMMED USMAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/01/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C.K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No. 1934 OF 2005 -------------------------------------------- Dated this the 16th day of January, 2009 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant. Appeal is filed against rejection of the claim petition by the MACT. Even though the case of the appellant is that he suffered injury on account of hit by an autorickshaw, while he was travelling in a bicycle, the insurance company's case is that there is no evidence about involvement of an autorickshaw and the appellant sustaining injury on account of fall from the bicycle. The finding rendered by the MACT is that claim petition is filed in collusion with the registered owner of the autorickshaw. We are unable to differ from the finding of the MACT because no evidence was produced before the Tribunal to prove the involvement of the autorickshaw in the accident. Further, FIR itself was taken two days after the accident. Even before this Court appellant is not able to produce any evidence about the autorickshaw's 2 involvement in the accident. We therefore dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 3