IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 MACA.No. 107 of 2007() ---------------------- AGAINST THE ORDER DATED 13/09/2006 IN IA 278/06 IN OPMV.1297/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/PETITIONERS: ---------------------------------------- 1. KRISHNA PRASAD, AGED 52 YEARS, S/O. V.K.S. PANICKER, `LORD', AKATHETHARA, OLAVAKKODE, PALAKKAD. 2. JANAKA, AGED 51 YEARS, W/O. KRISHNA PRASAD -DO- -DO-. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: RESPONDENTS: ------------------------- 1. AHAMMED KABEER M., 8/22 ALLAMPURAM HOUSE, KAMBA, KINAVALLUR, PARLI, PALAKKAD (RC OWNER OF BUS KL-10C/4488). 2. NISHAD, AGED 36 YEARS, S/O. UNNIKRISHNAN NAIR, JAYAKRISHNA, INDUSTRIAL ESTATE, PUDUPARIYARAM, PALAKKAD. (DRIVER OF KL-10C/4488). 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE,PALAKKAD.(INSURER OF BUS KL-10C/4488 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.A.C.A.No. 107 of 2007 ----------------------------------------- Dated this the 8th day of April, 2008 JUDGMENT Koshy, J. This appeal is filed against the rejection of the interim petition filed under Section 140 of the Motor Vehicles Act. According to the Tribunal, involvement of the second respondent's vehicle was not proved. Hence, Section 140 application is dismissed. The case of the petitioners is that despite the FIR, the final report shows that the vehicle was involved in the accident occurred as alleged. It is also submitted that Section 140 claim in respect of the pillion rider was allowed by the Tribunal. The main application was filed in the year 2005. In these circumstances, we direct the Tribunal to dispose of the main application itself as expeditiously as possible untrammelled by the observations/findings made in the impugned order. Both sides are free to adduce evidence on merit before the Tribunal. Appeal is allowed to the above extent. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.