IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MFA.No. 447 of 2003 ----------------------------- O.P(MV).NO.73/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD, KALPETTA. .................... APPELLANT/ PETITIONER: -------------------------------------- ABOOBACKER HAJI, S/O. IBRAHIM, AGED 38 YEARS, RESIDING AT PALLIKANDI HOUSE, P.O. VENGAPPALLY, VYTHIRI TALUK. BY ADV. SRI.N.J.ANTONY. RESPONDENTS/ RESPONDENTS: ----------------------------------------------- 1. P.A.STEPHEN, S/O. ABRAHAM, AGED 25 YEARS, RESIDING AT PANDIKATTU HOUSE, VELLAMUNDA, MANANTHAVADY. (DRIVER OF BUS NO.KLW 2219, D.L.NO.48/91 WB- 157/93 W). *2. ALIYAR, AGED 43 YEARS, S/O. PATHROSE, RESIDING AT PEPPILLA HOUSE, KALANADAKOLLY POST, PULPALLY, WAYANAD DISTRICT. (OWNER OF BUS NO.KLW 2219). *(STRUCK OUT) 3. THE NATIONAL INSURANCE CO. LTD., KALPETTA (POLICY NO.570309/31/83/63/00710 FROM 30.4.94 TO 29.4.95). BY ADV. SRI.RAJAN P.KALIYATH - R3. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.F.A. No. 447 OF 2003 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Wayanad, in OP(MV) No.73/95. The Tribunal has awarded a total compensation of Rs.8,050/- less Rs.25,000/- paid as interim award. 2. I had perused the award passed by the Tribunal. In these types of cases while passing a preliminary award the Tribunals have to meticulously take care of the disability factor as contemplated under Section 142 of the Motor Vehicles Act. It shall not grant compensation merely on production of a disability certificate, which does not cover the field mentioned in Section 142. This is because once a preliminary award is passed, there is no provision for recovering that amount and so the Tribunals have to be more careful. So far as this case is concerned, the award granted by the Tribunal finally is very much lower than the preliminary award. So a further consideration is not necessary. I make it clear that there cannot be any reimbursement of the amount received by the appellant under the preliminary award. The MFA is dismissed without cost. M.N.KRISHNAN, JUDGE vps