IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 1888 of 2007() ----------------------- OPMV.87/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/2ND RESPONDENT ----------------------------------------- THE ORIENTAL INSURANCE CO. LTD., COIMBATHORE, REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/CLAIMANTS/ RESPONDENTS/RESPONDENTS 3 & 4 ------------------------------------------------------------------------- 1. GOMATHY, W/O LATE THANKAVELU, NALLATHANNY ESTATE, KALLAR WEST DIVISION ESTATE, MUNNAR POST, K.D.H. VILLAGE. 2. SELVI, D/O LATE THANKAVELU, NALLATHANNY ESTATE, KALLAR WEST DIVISION ESTATE, MUNNAR POST, K.D.H. VILLAGE. 3. VIJAYAKUMAR, S/O LATE THANKAVELU, NALLATHANNY ESTATE, KALLAR WEST DIVISION ESTATE, MUNNAR POST, K.D.H. VILLAGE. 4. RAJU, S/O THANKAVELU, NALLATHANNY ESTATE, KALLAR WEST DIVISION ESTATE, MUNNAR POST, K.D.H. VILLAGE. 5. THIRUMALAI, W/O LATE MADAN, NALLATHANNY ESTATE, KALLAR WEST DIVISION ESTATE, MUNNAR POST, K.D.H. VILLAGE. 6. MOHAN RAJ, S/O MUTHAYYA, HOUSE NO.1551/10, KALLAR ESTATE, MUNNAR. 7. UNITED INDIA INSURANCE COMPANY LTD., KANNATTU SHOPPING COMPLEX, KALLARKUTTY ROAD, ADIMALY. BY ADV. SRI.C.K.VIDYASAGAR FOR R1-5 SRI.P.CHANDY JOSEPH FOR R1-5 SRI.P.JAYASANKAR FOR R7 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA No. 2321/07 IN MACA No.1888/07 DISMISSED 19.8.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1888 OF 2007 --------------------- Dated this the 19th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 87/07. The claimants therein are the wife and children of one Thankavelu, who died in a road accident. The accident took place on account of a collision between a jeep and a Maruti Omni. It is specifically averred that the accident took place on account of the negligence of the 1st respondent. It is true that the other Insurance Company of the other vehicle is also made a party. The Tribunal passed a preliminary award directing the Insurance Company to pay the amount of Rs.50,000/-. It is argued before me that since there are two vehicles involved in the accident and as both the Insurance Companies are made parties, the Tribunal should have directed both companies to pay the amount. Suppose it is a case where composite negligence is alleged in the petition, then there is much force in the contention of the appellant . But here it is a case where negligence is attributed only on one driver and that when the court is considering an MACA No. 1888/07 2 application under section 140 of the Motor Vehicle Act, it is not expected to go into the question of negligence, as it is barred under section 140 of the Act. Therefore, the order of the Tribunal directing the present appellant to pay the no fault liability amount cannot be find fault with. If ultimately on the basis of the contention of the parties there is a finding regarding composite negligence, then it is at the stage of final award the court can give appropriate direction taking into account the payment of this amount by the present appellant. The appeal is disposed of accordingly. M.N.KRISHNAN, JUDGE vps MACA No. 1888/07 3