IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 MACA.No. 2076 of 2007(G) ----------------------- AGAINST THE ORDER DATED 28/12/2006 IN OPMV. 574 /2002 IN OPMV.576/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): /3RD RESPONDENT ---------------------------------------------- NATIONAL INSURANCE COMPANY LTD REP. BY ITS MANAGER REGIONAL OFFICE, 3RD PARTY WING, OMANA BUILDING PADMA JUNCTION, KOCHI-35. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETIIONER AND RESPONDENTS 1 & 2 RESPECTIVELY ----------------------------------------------------------- 1. MULLAN ABDURAHIMAN, AGED ABOUT 33 YEARS S/O.MOOSA HAJI, MADAYIL HOUSE MUNDAKKULAM, P.O. MUTHUVALLUR. 2. MUHAMMED MUSTHAFFA K.N. S/O. USMAN, KUZHIYENGAL NEETTUR CHUNDAKKAD P.O., VILAYIL. 3. K.K.ABDULLA, S/O.KUTTI MOHAMMED HAJI KANNATH HOUSE, KUZHIYENGAL KORANGAL P.O. VILAYIL. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2076 OF 2007 = = = = = = = = = = = = = = = Dated this the 7th day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Manjeri in O.P.(MV)576/02. The insurance company is the appellant. The appeal is filed challenging the finding on the question of negligence. Learned counsel for the insurance company in fairness submits before me that a similar question was considered by a Division Bench in a connected appeal MACA 1830/08 and by judgment dated 19.8.2008 it did not find in favour of the insurance company. Since the Division Bench had already rendered a decision repelling the contention of the insurance company on the question of negligence, no other question survives for determination in this appeal. Therefore the MACA is dismissed. I am informed that there were other grounds in the Division Bench matter which does not arise for consideration in this appeal. M.N. KRISHNAN, JUDGE. ul/-