IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 MACA.No. 134 of 2008(C) ---------------------------- OPMV.1597/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): /SECOND RESPONDENT: ------------------------------------------ THE NATIONAL INSURANCE COMPANY LTD., PATHANAMTHITTA. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): PETITIONERS AND R1: ------------------------------------------------ 1. RAVEENDRAN NAIR, AGED 38 YEARS, KALITTATHIL VEEDU, PARAPATTY, PANDALAM THEKKEKARA, ADOOR. 2. INDU LEKHA, W/O. RAVEENDRAN NAIR -DO- FIRST PETITIONER IS REPRESENTED BY SECOND PETNR. 3. M.N. SAHADEVAN NAIR, S/O. NARAYANAN NAIR, SREENILAYAM, CHERUVALLOOR, KOLLAKADAVU POST, CHENGANNOOR, ALLEPPEY DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 134 OF 2008 = = = = = = = = = = = = = = = Dated this the 29th day of January, 2009 J U D G M E N T This appeal is preferred against the preliminary award of the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV)1597/02. The Tribunal has awarded a compensation of Rs.25,000/- under Section 140 of the M.V.Act and it is also stated therein that the petition was not opposed by the respondent. It is disputed by the counsel for the insurance company. Whatever it may be I am not inclined to interfere with the award at this stage. But I make it very clear that the insurance company is entitled to take up all the contentions which it wants to raise including the non-involvement of the vehicle which is insured with the company and the matter is to be decided independently irrespective of preliminary judgment. The question of non-involvement of the vehicle etc. also may be considered as an issue and the matter be disposed of in accordance with law. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-