IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 MACA.No. 758 of 2009() ---------------------- I.A.33/06 IN OPMV.18/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA .................... APPELLANT/3RD RESPONDENT --------------------------------- M/S.UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE NO.1,CWC BUILDING, LMS COMPOUND,PALAYAM,THIRUVANANTHAPURAM-33. BY ADV. MR. P.V.JYOTHI PRASAD RESPONDENTS/PETITIONERS & RESPONDENTS 1 & 2 ---------------------------------------------------------- 1. LEELAMANY,W/O.LATE ANILKUMAR, ARYA BHAVAN,PALLIVILA,PUTHUKKULANGARA P.O., NEDUMANGADU,THIRUVANANTHAPURAM DISTRICT. 2. MISS ARYA LAKSHMY,D/O.LATE ANILKUMAR, -DO- -DO- 3.SARADAKUTTY AMMA -DO- 3. MASTER AKHIL (MINOR),S/O.LATE ANILKUMAR, -DO- -DO- 4. SHAJAHAN,S/O.RASAVAKUTTY, PARAVILA THEKKE PALAMEL, MAVELIKKARA,ALAPPUZHA-690 101. 5. VAHAB.K.,S/O.KARIM SAHIB, THEKKETHIL VEEDU,SOUTH OF ADIKKATTUKULANGARA JUNCTION,KALLUMALA,MYLADUMPARA,MAVELIKKARA, ALAPPUZHA DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MACA.758/09 ORDER ON I.A. 971 OF 2009 IN MACA.758 OF 2009 DISMISSED. SD/- M. SASIDHARAN NAMBIAR, JUDGE 30.3.2009 OKB - TRUE COPY - P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------------- M.A.C.A. No. 758 OF 2009 -------------------------------------------------- Dated this the 30th day of March, 2009 J U D G M E N T Appellant the insurer of lorry KL-7C/7410 owned by the first respondent and driven by the second respondent is challenging the interim award passed by Motor Accident Claims Tribunal, Neyyattinkara in O.P.(MV) 18 of 2006 directing to deposit Rs.50,000/-. The argument of the learned counsel appearing for appellant is that though Motor Accident Claims Tribunal has stated that the accident was caused due to the negligence of the driver of the lorry KL-7C/7410 when in fact the driver of that lorry was not responsible for the accident, and it is the driver of the lorry KL-2C/7410 who caused the accident resulting the death of the husband of the first respondent and father of respondents 2 and 3 and therefore the appellant has no liability to deposit the amount. 2. On hearing the learned counsel I find no reason to interfere with the interim award passed under section 140. In a petition filed under section 140 of Motor Vehicles Act 1988 the MACA-758/09 2 question of negligence as such is not to be settled. The Tribunal relying on the FIR found that the accident was caused due to the negligent driving of lorry KL-7C/7410. In such circumstances Motor Accident Claims Tribunal was justified in directing the insurer of that vehicle who is liable to indemnify the insured, to deposit the amount as provided under section 140. The amount payable under section 140 is liable to be adjusted at the time of the final award. If the case of the appellant is correct and it is not lorry KL-7C/7410 insured with the appellant which was involved in the accident, appellant is entitled to submit to the Motor Accident Claims Tribunal to permit them to recover the amount deposited from the owner/insurer of the vehicle involved. Appeal is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE okb