IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 25913 of 2008(I) -------------------------- AGAINST THE ORDER DATED 31/03/2003 IN OPMV 43/1999 IN OPMV.1276/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... PETITIONER: -------------------- NATIONAL INSURANCE COMPANY LTD., TRIPUNITHURA REP. BY THE BRANCH MANAGER. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: ------------------------ 1. RAVINDRAN, S/O.KOCHUKANNAN, MALIYEKUDY HOUSE,KINGINIMATTOM,SOUTH AIKKARANADU. 2. KUMARAN,S/O.UNNIYALAN,CHERIKUMKUZHIYIL HOUSE, VETTITHARA KARA, EZHAKKARANAD POST. 3. GOURI, W/O.KUMARAN, AGED 43 YEARS, CHERIKUMKUZHIYIL HOUSE, VETTITHARA KARA, EZHAKKARANAD POST. 4. SANTHOSH, S/O.KUMARAN AGED 22 YEARS, DO..DO.. 5. SUMESH,S/O. KUMARAN AGED 21 YEARS, DO..DO... 6. SUSHMA, S/O. KUMARAN AGED 19 YEARS, DO..DO... 7. SHIBU GEORGE, S/O.GEORGE, KALLIYATTIL HOUSE, EZHAKKARANAD SOUTH,MANEED VILLAGE. 8. AYYAPPAN,S/O.PUTHENKAVY,MANAKKAKUDY HOUSE, EZHAKKARANAD SOUTH, MEANEED VILLAGE, PUTHENCRUZ POST. 9. MANAGING DIRECTOR, K.S.R.T.C, TRIVANDRUM. 10. SREEDHARAN, S/O. ACHUTHAN NAIR, BIJU SADANATHIL, PAZHOOR KARA, PIRAVOM VILLAGE. BY ADV. SRI. K. PRABHAKARAN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V. GIRI, J. ------------------------------- W.P.(C) No.25913 of 2008 ------------------------------- Dated this the 18th September, 2008. J U D G M E N T Insurance Company challenges Ext.P1 award, which is common to several other petitions, for compensation preferred by aggrieved persons under the Motor Vehicles Act. The Insurance Company has been constrained to approach this Court under Article 226 of the Constitution of India, in circumstances where the compensation awarded in two of the cases is less than Rs.10,000/=. Apparently, appeals preferred against the award in respect of other petitions have already been disposed of by the Division Bench modifying the award to some extent. 2. Having heard the learned counsel appearing for the petitioner and having perused the award, I am of the view that taking note of the quantum of compensation that has been awarded in these two cases forming the subject matter of challenge in this writ petition, there is no warrant or justification for interfering with the award as such. But obviously this will be W.P.(C) No.25913 of 2008 2 without prejudice to the contentions of the company, in so far as they are common to other awards which have been the subject matter of challenge or which continue to be challenged in appeals preferred under the Motor Vehicles Act. Subject to the above, the writ petition is disposed of. V. GIRI, JUDGE nj.