Sunny vs Pinto J. Thermadom on 12 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1487 of 2005()


1. SUNNY, S/O. JOHNY,
                      ...  Petitioner

                        Vs



1. PINTO J. THERMADOM, S/O. JOHNY,
                       ...       Respondent

2. TITTO J.THERMADOM, S/O. JOHNY,

3. THE ORIENTAL INSURANCE COMPANY LIMITED,

                For Petitioner  :SRI.V.CHITAMBARESH

                For Respondent  :SRI.GEORGE CHERIAN (THIRUVALLA)

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :12/01/2009

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                            C.K.ABDUL REHIM, JJ.
               ....................................................................
                          M.A.C.A. No.1487 of 2005
               ....................................................................
                Dated this the 12th day of January, 2009.

                                      JUDGMENT

Ramachandran Nair, J.

Heard counsel for the appellant and Standing Counsel for the

Insurance Company. The appeal is filed against rejection of claim

petition. After going through the award and after hearing counsel

appearing for both sides, we do not find there is any scope for

interference because claim is prima facie bogus in as much as

appellant’s case that second respondent was riding the bike is an

unbelievable story. Going by the extensive damage sustained to the

motor bike, the rider obviously cannot escape unhurt. However,

petitioner’s case is that nothing happened to the rider who was none

other than his brother and appellant as pillion rider only sustained

2

injuries. The MACT rightly rejected the case put forward by the

appellant as unbelievable. We, therefore, dismiss the appeal.

C.N.RAMACHANDRAN NAIR
Judge

C.K.ABDUL REHIM
Judge
pms