IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 MACA.No. 18 of 2006() -------------------------------- OP(MV) NO.363/2000 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THIRUVANANTHAPURAM. ..... APPELLANTS/APPLICANTS IN O.P(MV): --------------------- 1. LATHA BHAI, W/O.LATE VIKRAMAN NAIR, LATHIKA BHAVAN, MANALUVILA, NEMOM (P.O), TRIVANDRUM-20. 2. PREM KUMAR, S/O.LATE VIKRAMAN NAIR, LATHIKA BHAVAN, MANALUVILA, NEMOM (P.O), TRIVANDRUM-20. BY ADV. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN RESPONDENTS: RESPONDENTS IN O.P.(MV) 363/2000& APPLICANTS: ---------------------------- IN OP(MV) NO.485/200. 1. P. ANVAR, S/O. MAMMU, PALLIKKAKATHU HOUSE, BEACH ROAD, VADAKARA-6. 2. VINOD KUMAR P., S/O. KUNHIKANNAN, MEKKALATHIL VEEDU, PUTHUPPANAM, VADAKARA,KOZHIKODE 3. M/S. ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, THAKARAPARAMBU JUNCTION, PAZHAVANGADI, TRIVANDRUM-23. 4. PREETHI, D/O. PARUKUTTY AMMA, PREETHI MANDIRAM, EDAKODU, NEMOM (P.O), TRIVANDRUM-20. 5. PARUKUTTY AMMA, PREETHI MANDIRAM, EDAKODU, NEMOM (P.O), TRIVANDRUM-20. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- M.A.C.A.NO.18 OF 2006 (A) ----------------------------------- Dated this the 20th day of August, 2008 J U D G M E N T KOSHY,J. This appeal is filed against the common Award passed by the Motor Accidents Claims Tribunal, Thiruvananthapuram. First appellant filed O.P.(M.V).No.363/2000 along with his son claiming that she is the legally wedded wife and that the 2nd appellant is her son. Another woman along with her daughter filed another application as O.P.(M.V).No.485/2000 claiming that she is the legally wedded wife and a daughter was born to her out of the wedlock with the deceased, motor accident victim. In appellants' claim petition, the claimants in O.P.(MV).No.485/2000 were not made parties. But the Tribunal heard the claim petitions together and considering the evidence, found that, at the time of accident, the marriage of the deceased with the 1st claimant in O.P.(M.V).No.485/2000 was subsisting, marriage with the MACA.18/06 2 1st appellant/claimant in O.P.(M.V.)No.363/2000 was dissolved much prior to the accident, the 2nd appellant is the son of the deceased. The 2nd appellant in O.P.(MV).No.485/2000 is the daughter of the deceased. So, after calculating compensation, the amount was directed to be disbursed between the 2nd appellant and the claimants in O.P.(M.V.)485/2000. On going through the award, we are of the opinion that entire evidence was considered by the Tribunal and passed the award. We also note that in the appeal even notice to the contesting claimants are not so far served. Against the common award in two applications, one appeal is filed. Two appeals ought have been filed as the findings in one case will affect the other case also. Since there is no merit in this appeal, appeal is dismissed. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp MACA.18/06 3 J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008