IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 MACA.No. 671 of 2008(G) -------------------------------- OPMV.104/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/PETITIONER : -------------------------------- SULOCHANA, AGED 28 YEARS, D/O.THENAYI BIYOORKUNNU COLONY, THARUVANA P.O. MANANTHAVADY TALUK. BY ADV. SRI.N.J.ANTONY RESPONDENTS/RESPONDENTS : --------------------------------------- 1. ABU, S/O.KALANTHANKUTTY HAJI AGED 51 YEARS, OTTAPPOKKUVAYAL HOUSE, KODUVALLY KOZHIKODE DISTRICT. (DRIVER OF KSRTC BUS NO.KL-15/1604.D.L.NO. NOT KNOWN) 2. THE MANAGING DIRECTOR, KSRTC THIRUVANANTHAPURAM. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 671 OF 2008 --------------------------------- Dated this the 28th day of October, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Kalpetta in O.P.(MV) No.104/2002 whereby the Tribunal dismissed the claim application. It is the case of the claimant that while she was standing on the road side, a K.S.R.T.C. bus came in a rash and negligent manner and knocked down resulting injury to her. The Tribunal perused the documents available before it. Immediately after the accident it is alleged that she was taken to an Ayurvedic Hospital and thereafter to the District Hospital. The Tribunal found that there is absolutely no independent evidence to show any injury sustained by the person. When a K.S.R.T.C. bus hit on a person certainly one will expect to have at least superficial abrasion of the body of the person. Therefore I cannot fault with the Tribunal when it finds that all is not well with the case of the claimant. In the absence of some evidence to establish the injury sustained in the accident, the Tribunal cannot entertain the claim. Therefore M.A.C.A lacks merit and accordingly dismissed. M.N. KRISHNAN, JUDGE vkm