IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 MACA.No. 2141 of 2008(A) --------------------------- OPMV.1215/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT(S): 5TH RESPONDENT:- --------------------------------------- THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., ROHINI BUILDINGS, THAKARAPARAMBU ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S)/ PETITIONER & R1, 2, 3 & 4 : ------------------------------------------------------ 1. VISWANATHAN, S/O RAMAKRISHNAN, KANIYARAMCODE VEEDU, AYINKAMAM, PARASSALA POST, PARASSALA VILLAGE, NEYYATTINKARA. * 2. JANKINS RAJAN, S/O NESAYYAN, THANKIYILAI, PALAPALLI, MEEKKAMANDAPAM POST,KANYAKUMARI DIST. (DELETED) 3. BOVAS, S/O CHELLA NADAR, 18/12B, VEITHARAI VILAI,MEKKAMANDAPAM POST, KANYAKUMARI DISTRICT. 4. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., K.M. MATHEW, BUILDING, PULIMOODU, THIRUVNANTHAPURAM. 5. RAMANATHAN, S/O RAMAKRISHNAN, MULAGUVILA VEEDU, AYINKAMAM,PARASSALA POST, TIRUVANATHAPURAM. *NAME OF R2 IS DELETED FROM THE PARTY ARRAY AS PER THE ORDER DATED 15.12.2009. ADV. SRI.VPK.PANICKER FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.A.C.A. NO. 2141 OF 2008 = = = = = = = = = = = = = = = Dated this the 15th day of December, 2009. J U D G M E N T Learned counsel for the New India Assurance Company who is the 3rd respondent before the court below has brought to my notice the decision of a Division Bench which is an appeal arising out of the same accident. The said appeal is by New India Assurance Company and the present appeal is filed by the National Insurance Company who is the 5th respondent in the claim petition. The Division Bench in the admission stage itself had decided not to entertain the appeal and had dismissed the same. There cannot be two conflicting views against the very same award and this court cannot go beyond the decision of a Division Bench and therefore the appeal only has to be dismissed and I do so. M.N. KRISHNAN, JUDGE. ul/-