IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 MACA.No. 669 of 2004(P) ----------------------- OPMV.751/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): /2ND RESPONDENT: ---------------------------------------------------- UNITED INDIA INSURANCE COMPANY LIMITED, THIRUVANANTHAPURAM NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, THIRD PARTY CLAIMS CELL, M.G.ROAD, KOCHI-16. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT(S): APPLICANTS 2 TO 7 AND 1ST RESPONDENT: ------------------------------------------------------------------------------------------- 1. PENNAMMA, 11/33, MANU BHAVAN, N.C.C. ROAD, THIRUVANANTHAPURAM-5. 2. RETNAM MANUVEL, -DO- -DO-. 3. RAJAYYAN DANIEL, RAJ BHAVAN, COMPANY JUNCTION, VELLONADU, THIRUVANANTHAPURAM. 4. SUBHAYA DANIEL,11/33, MANU BHAVAN, N.C.C. ROAD, THIRUVANANTHAPURAM-5. 5. B. ANILA, -DO- -DO-. 6. ANITHA ASOK, S.A.P. QUARTERS NO.32/B, PEROORKADA, THIRUVANANTHAPURAM-5. 7. DR.M.RADHAKRISHNA PILLAI, KARTHIKA, T.C.21/1062, NEDUNCADU, KARAMANA, THIRUVANANTHAPURAM. (THE 1ST APPLICANT IN THE ABOVE ORIGINAL PETITION DIED AND HENCE HE IS NOT IMPLEADED IN THIS APPEAL). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.669 OF 2004 ............................................. Dated this the 9th day of July, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Trivandrum in OP(MV)No.751/1996. The claimant sustained injuries in a road accident and he died during the pendency of the case. Therefore supplemental petitioners 2 to 7 have been awarded compensation of Rs.28,750/= and the amount was ordered to be paid by respondents 1 and 2. 2. Now the insurance company that has come up in appeal contending that the award is wrong and there was no involvement of the vehicle. The owner had entered appearance before the court below and he has been examined as RW1. 3. The insurance company is only entitled to raise a ground, that is under Section 149 of the Motor Vehicles Act. This will not be a ground unless there is a petition filed under Section 170 of the Motor Vehicles Act to contest the case. So in the absence of a petition under Section 170 : 2 : M.A.C.A.NO.669 OF 2004 before the trial court and on account of the fact that the owner had entered appearance and adduced evidence, it may not be proper on the part of this court to permit such contentions by the insurance company. Therefore, I decline to entertain the appeal and so the appeal is dismissed but without costs. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.669 OF 2004