IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 2221 of 2007() ----------------------- OPMV.1143/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/PETITIONERS ------------------------------------ 1. VALLON, S/O KOCHERY MANIKKAN, POOMANGALAM VILLAGE, EDAKULAM DESOM, MUKUNDAPURAM TALUK. 2. VELLIYAMMA, D/O KOCHERY MANIKKAN & W/O VELAYUDHAN, ELEYEDATH HOUSE, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK. 3. DEVU, D/O KOCHERY MANIKKAN, POOMANGALAM VILLAGE, EDAKULAM DESOM, MUKUNDAPURAM TALUK. BY ADV. SRI.V.BINOY RAM RESPONDENTS/ RESPONDENTS 1 AND 2 ---------------------------------- 1. KADER, S/O VEERANKUNHU, MADAVANKATTIL HOUSE, KONATHUKUNNU DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., IRINJALAKUDA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2221 OF 2007 --------------------------------- Dated this the 12th day of November, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.1143/1999. The claim petition is filed by legal representatives of one Ayya who died in a road accident. The Tribunal dismissed the case on the ground that the claimant did not succeeded in proving that Ayya died on account of the injuries sustained in the accident. It has to be remembered that Ayya died 34 months after the accident and he did not file any claim application. Only after her death the legal representatives moved a claim application contending that the death took place on account of the injuries sustained in the accident. The injuries sustained are elaborately discussed by the Tribunal and the main injury diagnosed was only a haemartrosis on the right knee. There was no evidence to show that he had undergone treatment after 8.1.1996. She was aged 75 years at the time of the accident and she died 34 months after the accident. The Tribunal also found no postmortem had been done, no doctor M.A.C.A.No. 2221/2007 2 had been examined and no evidence has been adduced to prove that the death was on account of the injuries sustained in the accident. Therefore I find that the finding of the Tribunal is correct. Therefore the M.A.C.A lacks merit and accordingly dismissed. M.N. KRISHNAN,JUDGE vkm