IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 MFA.No. 964 of 2002 O.P.MV.1830/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT: 3RD RESPONDENT NATIONAL INSURANCE COMPANY LTD., KOTTAYAM, REP.BY THE ASST.ADMN.OFFICER, KOCHI REGIONAL OFFICE, AJAY VIHAR, M.G.ROAD, COCHIN-682016. BY ADV. SRI.E.M.JOSEPH RESPONDENTS: CLAIMANTS 1 TO 5 AND RESPONDENTS 1 TO 6 1. M.P.BERNAD, MALAYIL HOUSE, S.H.MOUNT P.O., KOTTAYAM. 2. ANNAMMA PIUS, MALAYIL HOUSE, S.H.MOUNT P.O., KOTTAYAM. 3. THOMAS PIUS, MALAYIL HOUSE, S.H.MOUNT.P.O., KOTTAYAM. 4. THANKAMMA PIUS, MALAYIL HOUSE, S.H.MOUNT P.O., KOTTAYAM. 5. ELIZABETH M.P., MINOR, REP.BY MOTHER THANKAMMA PIUS, MALAYIL HOUSE, S.H.MOUNT P.O., KOTTAYAM. 6. ANIL KUMAR, S/O.THANKAPPAN, LAKSHMEEPURAM HOUSE, KUMARAKOM, KOTTAYAM. 7. RAMACHANDRAN ACHARI, S/O. KUTTAPAN ACHARI, MOTHIRAPPALLY HOUSE, KUMARANALLORE, KOTTAYAM. MFA.No. 964 of 2002 :: 2 :: 8. T.SELVAKUMAR, S/O.THIRUMOORTHY, S.R.M.S. MILL ROAD, POLLACHY, TAMIL NADU. 9. BABU, S/O.RAGHAVAN, ENNACHARIL, KANACHIKADAVU, KANAKKARI, KOTTAYAM. 10. NEW INDIA ASSURANCE CO.LTD., 193, JAWAHAR BAZAR, KARUR, TAMIL NADU. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/03/2008, ALONG WITH MFA NO. 695 OF 2002, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MFA.No. 964 of 2002 C.M.P.No.5714 OF 2002 in M.F.A.964 OF 2002 Dismissed. SD/- JBK (J) SD/- AKB (J) 17.3.2008 J.B.KOSHY & A.K.BASHEER, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.Nos.695 & 964 OF 2002 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of March 2008 JUDGMENT Koshy, J. These two appeals are filed by the Insurance Company, insurer of Bus bearing registration No.KLO 9027. The claimants are the legal heirs of two motor accident victims. The case of the claimants' is that the deceased while walking on the side of road, the bus and the lorry coming opposite sides collided each other and the bus hit down the deceased and later he died. Tribunal came to the conclusion that the accident had occurred due to the negligence of the drivers of both the vehicles and therefore both the respondents (respondent Nos.3 and 6) are liable to pay compensation to the claimants equally. It is the contention of the appellant that the entire negligence was on the driver of the lorry and not that of the driver of the bus insured by the appellant. Insurance Company cannot file an appeal questioning the amount awarded by the Tribunal, unless it obtain permission under Section 170. In the absence of permission, insurance company M.F.A.Nos.695 & 964 OF 2002 :: 2 :: can take only the defence under Section 149(2). [National Insurance Co. Ltd., Chandigarh v. Nicolletta Rohtagi and Ors. [JT 2002 (7) SC 251 ]. The Supreme Court also held that when the accident occurs due to the head-on collision, the drivers of both the vehicles should be held responsible to have contributed equally to the accident. Due to the hit there will be change in the position of the vehicle. In this connection, we refer to the decision of the Supreme Court in Bijoy Kumar Dugar v. Bidya Dhar Dutta [AIR (2006) SC 1255] In any view of the matter we are of the view that these appeals filed by the Insurance Company without obtaining permission from the Tribunal are not maintainable. Both appeals are dismissed. J.B.KOSHY, JUDGE A.K.BASHEER, JUDGE jes