IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 5TH SEPTEMBER 2007 / 14TH BHADRA 1929 MFA.No. 1221 of 2001(A) -------------------------------- OPMV.3369/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: ----------------- V.V.NANDAKUMAR, S/O.VELAYUDHAN, AGED 30, RUGMINI NILAYAM, PAVAMANI ROAD, CALICUT-4. BY ADV. SRI.T.N.MANOJ SRI.DINESH R.SHENOY RESPONDENTS: --------------------- 1. R.P.PONGIANNAN, ¼ ANDIKADAVU, PALLI PALAYAM, AGRAHARAM P.O., ERODE-8, SALEM DISTRICT, TAMILNADU. 2. S.MURUGIAH, S/O.A.SHANMUGAM, KONAKKARADU, THIRUCHAMKODU ROAD, PALLI PALAYAM, ERODE-6, SALEM DIST. (NO RELIEF SOUGHT AGAINST HIM IN THIS APPEAL). 3. NATIONAL INSURANCE COMPANY, BRANCH OFFICE-1, 78 T.V.S STREET, ERODE-638 001. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.NO. 1221 OF 20O1 ----------------------------------------- Dated this the 5th day of September, 2007 JUDGMENT Koshy, J. An application was filed by the son of a motor accident victim claiming compensation amount of Rs.4,00,000/-. The accident occurred in 1993. The deceased was aged more than 60 at the time of accident. The deceased was survived by the applicant alone. The total benefit awarded by the Tribunal was Rs.70,000/- with interest at 12% per annum from the date of application till the date of deposit. Challenging the quantum of compensation this appeal was filed. During the pendency of the appeal, the appellant also died leaving no legal heir. In the above circumstances, the appeal is dismissed as abated. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. 2 J.B.KOSHY & K.HEMA, J. ------------------------------ M.F.A.NO.1221 OF 2001 ------------------------------ JUDGMENT 5.9.2007