IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 M.A.C.A.No. 1407 of 2008(A) ----------------------- OP(MV)NO.1151/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT/3RD RESPONDENT: ------------------------- THE ORIENTAL INSURANCE CO.LTD, METRO PALACE, GROUND FLOOR, OPP. NORTH RAILWAYS STATION, ERNAKULAM, REPRESENTED BY ITS DULY AUTHORISED OFFICER. BY ADV. SRI.V.P.K. PANICKER RESPONDENTS/PETITIONERS & RESPONDENTS 1& 2: ------------------------------------------- 1. MOHAMMED, S/O.UTHANKUTTY, AMBALATH VEEDU, PATTITHARA PANCHAYATH, PADINHARANGADI, PALAKKAD DISTRICT. 2. V.K.KUMMUKUTTY, S/O.KUNJAIDRU, VARAMANGALATH HOUSE, P.O.AGADI, KUMARANALLOOR,PALAKKAD DISTRICT. 3. SAJEER A.C, S/O.MOHAMMED A.C., ANTHOOR, CHANGRACHAM PARAMBIL HOUSE, P.O.ERAMANGALAM, ERAMANGALAM AMSOM, DESOM, PONNANI TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1407/ 2008 ORDER ON I.A. NO.1654 OF 2008 IN M.A.C.A NO.1407 OF 2008 DISMISSED SD/- 24/07/2008 M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1407 OF 2008 --------------------- Dated this the 24th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Tirur, in OP(MV) 1151/05. The Tribunal awarded a compensation of Rs.67,000/- and directed the Insurance Company to pay the amount. The Tribunal also found that the accident took place on account of the negligence of the driver of the lorry. 2. Learned counsel for the Insurance Company in fairness submits before me that there was a connected case which came up for disposal on yesterday as MACA No.1409/08 and the Division Bench dismissed the appeal upholding the finding of the Tribunal on the question of negligence. So there is no point in going into the details of this matter. Since the Division Bench had already taken a decision the same has to be followed in this matter as well. Therefore, I find that MACA No.1407/08 lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps