IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 MACA.No. 1405 of 2009 --------------------------- OPMV.2731/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ................ APPELLANT: PETITIONER: ---------------------------- AJITHKUMAR, AGED 40 YEARS, S/O.MADHAVAN, PUTHUKUDI THODIYIL HOUSE, P.O.PERUMANNA, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS/: ----------------- 1. K.P.BABU, S/O.DEVAKI, KRISHNAPOYIL HOUSE, P.O.MEDICAL COLLEGE, KOZHIKODE. 2. SHAJIKUMAR, S/O.BALAN, KARIMBANAKKAL HOUSE, P.O.KARANTHUR, KUNNAMANGALAM, KOZHIKODE. 3. ORIENTAL INSURANCE COMPANY LTD., PRAMOD BUILDING, IIND FLOOR, CHEROOTTY ROAD, KOZHIKODE. ADV. SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A. K. Basheer & P.Q.Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1405 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2010. Judgment Basheer, J: The claimant before the Motor Accidents Claims Tribunal is the appellant. He filed the Claim Petition under Section 166 of the Motor Vehicles act claiming a sum of Rs.1,25,000/- as compensation for the injuries allegedly sustained by him in an accident that occurred on May 8, 2002. According to the appellant- claimant, he was travelling in an auto rickshaw bearing registration No.KL 11 – K 8893 on the crucial day. A bus bearing registration No. KRZ 9522 hit against the auto. Appellant sustained injuries as a result of the accident. 2. When the petition was taken up for trial it was noticed by the Tribunal that the claimant had not impleaded the owner, driver and the insurer of the autorickshaw. The claimant had not also bothered to get himself examined before the Court. He had only produced a copy of the wound certificate issued to him from the hospital shortly after the accident. No medical bills were also produced. Though the claimant had allegedly suffered some injury on the spinal cord (C5 – 6 level), there was no supporting evidence to substantiate the claim. Appellant is stated to be a business man. He had not even bothered to prove what was the actual damages MACA.1405/09 2 suffered by him because of the accident. The Tribunal granted a sum of Rs.3500/- to the claimant and ordered recovery of 50% of the said amount from respondents 1 and 2. 3. Having carefully perused the award and the other materials available on record, we do not find any reason to accede to the request of the learned counsel for the appellant to remit the case back to the Tribunal, especially since the appellant does not have a case that he had suffered any serious injury. The appellant has not even bothered to produce before us any medical records to show that he had undergone any treatment after the accident. Keeping in view all the circumstances we are not inclined to interfere with the award passed by the Tribunal. Appeal fails and it is accordingly dismissed. A.K. Basheer Judge P.Q. Barkath Ali Judge. an.