IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 M.A.C.A.No. 594 of 2004(G) ---------------------- OPMV.1189/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM . ................... APPELLANT/CLAIM PETITIONER: -------------------------------------------- BIBU JAMES, S/O. JAMES, MAZHUVANCHERIL HOUSE, PULLARIKUNNU BHAGOM, MALLOOSSERIL KARA P.O., PERUMPAIKADU VILLAGE. BY ADV. SRI.P.RAVINDRA BABU RESPONDENTS: --------------------- 1. AJU JOSEPH, S/O. JOSEPH THOMAS, PATTUKALAYIL HOUSE, PANAMBALLIL, NAGAR P.O., ELAMKULAM VILLAGE, ERNAKULAM DISTRICT. 2. THE UNITED INDIA ASSURANCE CO.LTD., BRANCH OFFICE, BANK OF BARODA BUILDING, PALACE ROAD, P.B.NO.228, KOCHI. BY ADV. SRI.P.R.RAMACHANDRA MENON FOR R2 SRI.SREELAL N.WARRIER FOR R1 SRI.JIMMY GEORGE FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J -------------------------- M.A.C.A.No. 594 OF 2004 ------------------------------- Dated this the 4th day of August, 2008 J U D G M E N T This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kottayam in O.P.(M.V)No.1189/97. Three cases were disposed of by a common award and this Court had already considered the appeal against O.P(M.V) 1188/97 as M.A.C.A. 578/04 and had dismissed the same. I am informed that the Division Bench also had dismissed an appeal filed against the award in O.P.(M.V) 1190/97 as M.A.C.A. 590/04. The issue involved is negligence. This Court as well as the Division Bench has taken the view that there is no merit in the appeal and that the finding of the Tribunal is correct. So this appeal also is devoid of merits in the light of other two appeals and therefore this appeal is also dismissed. M.N. KRISHNAN, JUDGE vkm