IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 MFA.No. 809 of 1996() --------------------- OPMV.1428/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA (OP(MV) NO.1072/1993 OF MACT, KOZHIKODE) .................... APPELLANT/THIRD RESPONDENT: ----------- THE NEW INDIA ASSURANCE CO.. LTD., REP. BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM. BY ADV. SRI.VPK.PANICKER RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2: ------------- 1. K.P.RAMADAS, S/O.BALAN, KIRIYADATH HOUSE, MELOOR AMSOM, ARANGADATH DESOM, KOYILANDY. (*)2. C.PRAKASHAN, S/O.BALAN, ERANCHIKUNIYIL HOUSE, NOCHAD, NADUVANNUR. (DELETED) 3. RAMESHAN, S/O.GOPALAN NAMBIAR, KUNNUMMAL HOUSE, CHENOLI AMSOM DESOM, PERAMBRA. (*)R2 IS DELETED FROM THE PARTY ARRAY AT THE ISK OF THE APPELLANT AS PER ORDER DATED 15.2.2008 ON IA NO.362/2008. R1 BY ADV. SRI.K.RAKESH ROSHAN SMT.THUSHARA.V THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- M.F.A.No.809 of 1996 ------------------------------------------------- Dated, this the 29th day of February, 2008 JUDGMENT Third respondent insurer in O.P.(MV) No.1428/1995 on the file of Motor Accidents Claims Tribunal, Vadakara has filed this appeal challenging the findings of the Tribunal regarding negligence and also quantum of compensation. First respondent sustained injuries in a motor vehicle accident and filed a petition impleading the owner, driver and insurer. Owner and driver did not appear and contest the matter. Appellant alone contested the matter. Tribunal found that accident occurred due to the negligence of the driver and awarded an amount of Rs.24,250/- as compensation. Challenging that part of the award this appeal is filed. 2. Verification of the records shows that appellant had not filed a petition under Section 170 of the Motor Vehicles Act and obtained permission to contest the matter on merits. Hence the appellant is not entitled to challenge the findings of negligence and quantum on merits. So the appeal is only to be dismissed. In the result, appeal is dismissed. C.M.P.No.3213/1996 in M.F.A.No.809/1996 will stand dismissed. K. PADMANABHAN NAIR, JUDGE. cks 2 K.PADMANABHAN NAIR, J. M.F.A.No.809 of 1996 JUDGMENT 29th February, 2008.