IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 MACA.No. 452 of 2009() ---------------------- OPMV.839/1996 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S)/2ND RESPONDENT: -------------- GEORGE JOSEPH, S/O. JOSEPH, KOCHUPURAYIL HOUSE, PANDAPPILLY KARA, ARAKUZHA VILLAGE, ERNAKULAM DIST. BY ADV. SRI.JOICE GEORGE RESPONDENT(S/1ST PETITIONER & RESPONDENTS 3 TO 7): --------------- 1. K.U. KRISHNAKUMAR, S/O. GOPINATHAN NAIR, RESIDING AT KRISHNAVILAS, VENGALOOR KARA, PURAPUZHA VILLAGE, THODUPUZHA TALUK. 2. UNITED INDIA INSURANCE COMPANY LIMITED, REP. BY ITS BRANCH MANAGER, MUVATTUPUZHA. 3. SAJIMON, S/O. CHERIAN, VALIYATHEKKUMTHADATHIL HOUSE, PALAKKUZHA KARA, PALAKKUZHA VILLAGE. 4. SCARIA, S/O. PAILY, THATTATHUKUDIYIL HOUSE, VADAKKUM PALAKUZHA KARA, PALAKKUZHA VILLAGE 5. NEW INDIA INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, MUVATTUPUZHA. 6. THOMAS, S/O. THOMMAN, URUMBIL (CHERKATTU) HOUSE, ARAKKUZHA KARA, ARAKKUZHA VILLAGE, MUVATTUPUZHA. BY // THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- M.A.C.A. NO. 452 OF 2009 --------------------------------------------------------- Dated this the 13th day of March, 2009 JUDGMENT Basant, J. The challenge in this appeal is against the common award by which three O.P. MVs. were disposed of by the Tribunal. In two of them, parties had come up in appeal. Identical challenge as raised in this appeal was raised in those appeals also. By a common judgment dated 19.11.2008 in M.A.C.A. No.203 of 2003 and connected cases, the challenge was turned down by the said Division Bench. 2. The learned counsel for the appellant submits that the appellant intends to prefer an appeal against the common judgment dated 19.11.2008. This appeal is being filed, lest, it may be contended that the findings in the common award has become final in the absence of a challenge. Learned counsel fairly submits that a different view from what has been taken in the judgment dated 19.11.2008 does not now appear to be possible by this Court. He concedes, in these circumstances, that the only option for this Court is to dismiss this appeal and, if necessary, the M.A.C.A. NO.4R52/2009 2 appellant can challenge the findings in the judgment dated 19.11.2008. We agree with the learned counsel. 3. We have gone through the judgment dated 19.11.2008. We do not find any reason to take a different view in respect of the challenge raised by the appellant in this appeal. 4. This appeal is, in the circumstances, dismissed. (R. BASANT) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ M.A.C.A. NO.4R52/2009 3 R. BASANT & C.T. RAVIKUMAR, JJ. M.A.C.A. NO.452/2009 JUDGMENT 13th March, 2009 M.A.C.A. NO.4R52/2009 4