IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 MACA.No. 500 of 2005() ---------------------- O.P.(M.V.)NO.1608/2000 OF THE M.A.C.T, MANJERI APPELLANT(S): APPELLANTS/CLAIMANTS ---------------------------------- 1. K.KRISHNAN, S/O.KUNDU, PUTHANPURAKKAL HOUSE, PAYYANAD P.O., MANJERI, MALAPPURAM. 2. K.SARADA, W/O.K.KRISHNAN, PUTHANPURAKKAL HOUSE, PAYYANAD P.O. 3. C.KARTHIKEYAN, S/O.CHINNAN, CHIRAKKATHODI HOUSE, CHUNGATHARA P.O., MALAPPURAM DISTRICT. 4. C.NIDHIN, S/O.KARTHIKEYAN, 5. C.JIDHIN, S/O.KARTHIKEYAN. 6. C.SUDHAN, S/O.KARTHIKEYAN. (MINORS 4 TO 6 REPRESENTED BY FATHER, 3RD RESPONDENT) BY ADV. SRI.M.P.PRAKASH RESPONDENT(S): RESPONDENTS -------------------------- 1. P.ASHOKAN, S/O.GOVINDAN, PIKADAN HOUSE, VANIYAMBALAM P.O., MALAPPURAM DISTRICT. 2. T.R.NARAYANAN, S/O.RAMAN, CHITHRA, CALICUT ROAD, MANJERI, MALAPPURAM. 3. NATIONAL INSURANCE COMPANY LTD., MANJERI 4. G.ROBIN, S/O.GEORGE DANIEL, KUNNAKKATTIL HOUSE, CHUNGATHARA P.O., MALAPPURAM DISTRICT. 5. NEW INDIA ASSURANCE CO. LTD., MANJERI. ADV. SMT.SARAH SALVY FOR R3 ADV.SRI.A.C.DAVY FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * * * * * * M.A.C.A.No.500 of 2005 ---------------------------------------- Dated this the 25th day of February 2009 J U D G M E N T BASANT,J The claimants before the Tribunal are the appellants before us. They staked a claim for compensation under Section 163A of the Motor Vehicles Act. The tribunal had already directed payment of an amount of Rs.50,000/- under Section 140 of the M.V.Act. In the light of that order passed earlier under Section 140 of the M.V.Act, the tribunal proceeded to pass the impugned award dismissing the claim under Section 163A of the M.V.Act. 2. The appellants have come before this court with this appeal. In the meantime, the insurer had also preferred an appeal before this court and the learned Single Judge, by the judgment dated 2/2/2009 in M.A.C.A No.761/2005 has already set aside the award and had directed the tribunal to consider the matter afresh in accordance with law. In the light of that order passed by the learned Single Judge, we note that the impugned award has already been set aside and the tribunal has been directed to dispose of the matter afresh in accordance with law. M.A.C.A.No.500/05 2 We are now satisfied that this appeal now only deserves to be dismissed. We need only observe that all contentions which the appellants want to raise can be raised by the appellants before the tribunal when the tribunal takes up the matter afresh for disposal in accordance with law. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.500/05 3 M.A.C.A.No.500/05 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009