IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MFA.No.178 of 2003 (D) ---------------------------- OPMV.2679/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: PETITIONER ------------------------------ V.RAMAN, AGED 64 YEARS, SON OF K.VAIDYANATHAN, SRIRAM VIHAR, MANGATT ROAD, EDAPPALLY, COCHIN -24 [DIED; LRs. Impleaded] * ADDL. SECOND APPELLANT -------------------------------- SARALA, AGED 60 YEARS, W/O V. RAMAN, SRIRAM VIHAR, MANGATT ROAD, EDAPPALLY, COCHIN-24 *[ADDL. APPELLANT NO.2 IS IMPLEADED AS LEGAL REPRESENTATIVE OF THE DECEASED SOLE APPELLANT VIDE ORDER DT.22/09/08 IN I.A.755/06] BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.NITHYA.K. RESPONDENTS: RESPONDENTS ------------------------------------ 1. SAINABA W/O. PAREED PILLAI, TACHAVALLATH HOUSE, THAIKKATTUKARA, ALWAYE-6. 2. RAJU S/O. SADANANDAN, MANNULLIPPADATH, ALAPPAT CROSS ROAD, RAVIPURAM, COCHIN-15 3. THE ORIENTAL INSURANCE CO.LTD., M.G.ROAD, COCHIN-11. 4. THE NATIONAL INSURANCE CO.LTD., ERNAKULAM. ADV. SRI.LAL GEORGE FOR R4 SRI.M.JACOB MURICKAN FOR R3 SRI.ANIL.S.RAJ FOR ADDL.RES THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ M. F. A. No.178 of 2003 ------------------------------------------------ Dated this the 13th day of October, 2008 JUDGMENT Koshy, J A 58 year old man while riding a scooter on 29/05/96 sustained injuries in an accident. According to the claimant, a motorcycle hit at the back of the scooter and thereby he fell down and at that time a bus hit him and thus, he sustained injuries. He claimed a compensation contending that the driver of the bus was negligent. The Tribunal rejected his claim because the averments were not proved. According to the Tribunal, the motorcycle which allegedly hit the scooter driven by the claimant must be negligent, if the averments are correct. But merely because the motorcycle was not identified, compensation cannot be claimed from the owner, driver and Insurance M. F. A. No.178 of 2003 -2- Company of the bus. It was also noticed by the Tribunal that the charge sheet was produced attested by the Advocate for the claimant wherein the first accused was a person who was not made as a party. According to the Tribunal, apart from the fact that the motorcycle was not insured it also overtook the scooter ridden by the claimant by hitting it at the back. FIR also was not proved. Ext.A5 is the charge sheet and therein it is not stated that the driver of the bus was negligent. During the pendency of the appeal, claimant died. His wife was impleaded. It is not stated as to whether there were any children born out of the wedlock. Even the evidence regarding the marriage was also not produced. Even though the petitioner's own averment is that the accident occurred due to the hit of the motorcycle at the back of the scooter, the rider of the motorcycle was not M. F. A. No.178 of 2003 -3- made as a party. In the above circumstances, Tribunal was right in rejecting the petition filed by the petitioner against the owner, rider and Insurance Company of the bus. We see no ground to interfere with the award passed by the Tribunal. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-