IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 MACA.No. 1337 of 2005() --------------------------------- OPMV.661/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER ------------------------------------- T.P.DEVAKIAMMA, W/O. SIVASANKARAN NAIR, THENANKALAYIL HOUSE, PEROOR KARA, PEROOR VILLAGE, KOTTAYAM. BY ADV. SRI.M.NARENDRA KUMAR SMT.LEENA KRISHNAN RESPONDENTS/ RESPONDENTS ---------------------------------------------- 1. N.SASIDHARAN PILLAI, PADMA VILASOM, ERVA WEST, KAYAMKULAM. 2. NATIONAL INSURANCE CO.LTD., KOTTAYAM DIVISIONAL OFFICE, C.S.I.SQUARE, BAKER HILL, KOTTAYAM REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM POLICY NO.570600/1999/6706332 BY ADV. SRI.M.A.GEORGE - R2 SMT.DEEPA GEORGE - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1337 OF 2005 = = = = = = = = = = = = = = = Dated this the 19th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)661/01 whereby the Tribunal has dismissed the application. The mother-in-law was riding as a pillion rider in the bike driven by the son-in-law and when it capsized, the mother-in-law sustained injuries. The mother-in-law did not file any police complaint or furnish any information regarding the rashness or negligence of the rider and only an O.P. ticket is produced to show about the treatment. The evidence of PW1 and PW2 namely the claimant and the relation witness did not inspire the confidence of the Court on the ground that it was not intrinsically reliable and inherently probable. The Tribunal has discussed the matter at length and had arrived at a decision that the factum of sustainment of injuries as well as negligence is not proved that it is on account of the accident. Further the claimant is only a pillion rider and as the law M.A.C.A. 1337 OF 2005 -:2:- stands today she may not be able to coverage from the insurance company as well. As she is a person who has not filed any case against the son-in-law and that also would show that she is not at all interested in getting any relief against the son-in-law. Therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-