IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 15012 of 2009(V) -------------------------- OPMV.132/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... PETITIONER(S): ------------------------ 1. NASSAR, PARAKKULAM HOUSE, MITTAYIKUNNU KARA, THALAYOLAPARAMBU. 2. E.S.SASI, THAMARACHALIL HOUSE, KARIPADAM, VADAKARA.P.O. BY ADVS. SRI.H.RAMANAN, SRI.P.RAJEEV, SRI.JAMES JOSE. RESPONDENT(S): ---------------------------- 1. KURIAKOSE, THEVAREZHATHU HOUSE, KANNUKETTUSSERY KARA, VAIKOM. 2. NATIONAL INSURANCE CO.LTD. TRIPPUNITHURA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 15012 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of September, 2010 J U D G M E N T This Writ Petition has been filed by the first and second respondents in OP(MV) 132/04, challenging Ext.P4 award passed by the Motor Accident Claims Tribunal, Kottayam. Ext.P4 award would reveal that it is a common award in OP(MV) Nos.119/04, 132/04 and 1384/05. All the said claim petitions relating personal injuries were arising out of the same motor vehicle accident that occurred on 30.10.2003. As per Ext.P4, a compensation to the tune of Rs.8,300/- with interest @ 7.5% per annum from the date of petition till realization was ordered in OP(MV)132/04. The petitioners herein is made liable to pay the same. Evidently, a common award was passed in said three claim petitions mentioned including OP(MV) No. 132/04. Admittedly, the respondents did not file any appeal against the said common award in respect of the other two claim petitions. In the said circumstances, the petitioners cannot successfully pursue this writ petition. WPC.15012/2009 : 2 : In view of the said position obtained in this case, I am of the view that there is no merit in this writ petition and accordingly, it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge