IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 MACA.No. 2178 of 2008(B) --------------------------- OPMV.441/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): IST RESPONDENT IN O.P.(MV) ---------------------------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, FORT, THIRUVANANTHAPURAM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC RESPONDENT(S): PETITIONERS & 2ND RESPONDENT IN O.P.(MV) ------------------------------------------------------- 1. MERCY XAVIER, AGED 51, W/O.LATE M.J.XAVIER, MANIYAMPOZHI HOUSE, ANDHAKARANAZHI.P.O, PATTANAKKAD VILLAGE, CHERTHALA TALUK, ALAPPUZHA DIST. 2. SAM XAVIER, AGED 29,S/O.LATE M.J.XAVIER, DO. DO. 3. SIM XAVIER, AGED 27, DO. DO. 4. M.V.RAMESAN, S/O.VISWANATHAN, MARATTIL HOUSE, KADEBHAGAM, PALLURUTHY.P.O, COCHIN-6. ADV. SRI.ANIL S.RAJ FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2178 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of October, 2009. J U D G M E N T This appeal is preferred against the preliminary award passed by the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)441/04. The claimants, therein are the widow and children of late M.J. Xavier who died in a motor accident. The petition is filed against the K.S.R.T.C. and its driver for compensation. The Tribunal awarded a compensation u/s 140 of the M.V.Act. It is against that decision the K.S.R.T.C. has come up in appeal. 2. A perusal of the petition would reveal that the case of the claimants is to the effect that the diseased who was an employee of the K.S.R.T.C bus had shown his hand to stop the bus and the driver had slowed down the bus and stopped the bus and while he got into the 2nd step, due to the negligent driving by the driver the predecessor of the claimants fell down sustained injuries and later died. So the averment is a total case of negligence on the part of the M.A.C.A. 2178 OF 2008 -:2:- K.S.R.T.C driver. So for passing an award u/s 140 of the M.V.Act the question of negligence cannot be looked into. Ultimate decision may depend upon the evidences adduced in the case. Therefore at this stage this court cannot interfere with the preliminary award passed by the Tribunal and therefore the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-