IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 2317 of 2008() ----------------------- OPMV.240/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA .................... APPELLANT/APPLICANT -------------- SAINUL ABID @ ABID ALI,S/O.LATE ALI HAJI RV HOUSE,KUNHOME P.O,VELLAMUNDA,WAYANAD DISTRICT. BY ADV. SRI.K.B.GANGESH RESPONDENTS/RESPONDENTS --------------- 1. K.C.SREERAM,S/O.KUNHIKANNAN, KURIKKAL HOUSE,NEAR CHOVORA, (RC OWNER/DRIVER OF LORRY KL 13 B 5580) 2. NATIONAL INSURANCE CO.LTD, BRANCH OFFICE,KANNUR (POLICY NO.571/00/31/02/630 7422) ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2317 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the claimant in O.P.(MV)No.240/2004 on the file of Motor Accidents Claims Tribunal, Kalpetta. In this appeal, he challenges the judgment and award of the Tribunal dismissing his O.P. claiming compensation for the loss caused to him on account of the injuries sustained by him in a motor accident. 2. The case of the appellant/claimant was that on February 13, 2003 at about 7.30 p.m., while he was cycling from Periya to Kunhome along Mananthavady public road and reached near Periya Post office, he was knocked down by a tanker lorry bearing Reg.No.KL 13 B/5580 driven by the first respondent. Alleging negligence against the first respondent, the claimant filed the O.P. before the Tribunal claiming a compensation of Rs. 1,25,000/-. 3. First respondent, the owner-cum-driver of the offending lorry remained absent before the Tribunal. The second respondent, the insurer of the offending lorry filed a written statement admitting the MACA.No.2317/2008 2 policy. No evidence was adduced by the claimant or the respondent before the Tribunal. The Tribunal found that the claimant has failed to prove the incident and dismissed the O.P. The claimant has now come up in appeal challenging the said judgment and award of the Tribunal. 4. Heard the counsel for the appellant/claimant and the counsel for the Insurance Company. 5. The only point which arises for consideration is whether the judgment and award of the Tribunal dismissing the O.P. can be sustained. 6. The claimant did not produce any document before the Tribunal. He has also not come forward and swear before the Tribunal regarding the incident or regarding the alleged injury sustained by him. Therefore, the Tribunal is perfectly justified in holding that the claimant has failed to prove the incident and dismissing the O.P. Therefore, we find no merit in this appeal. Consequently, the appeal has to be dismissed. In the result, the appeal is dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MACA.No.2317/2008 3