IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 6398 of 2005(J) ------------------------- OPMV.897/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... PETITIONER: --------------- ALLIPRA MAMMED, AGED 34 YEARS, S/O.AHMED KUTTY, HAJI KOTTIYAT HOUSE, KARIPUR. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: --------------- 1. NADUKANDI SAMEER, MINOR, REP. BY FATHER & GUARDIAN BEERAN, 13 YEARS/1999, KARIPUR.P.O. 2. PANGADAN ABDUL RAZACK, S/O.KUNHI KAMMU, POST KARIPUR. 3. NATIONAL INSURANCE CO.LTD, MANJERI. ADV. SRI.RAJAN P.KALIYATH FOR R3 SRI.BABU S. NAIR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.6398/2005 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE COMMON AWARD DT.05.12.2003 IN O.P.(MV) NO.897/1999 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR, J. ---------------------------------------- W.P.(C) No.6398 OF 2005 ---------------------------------------- Dated this the 24th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner challenges Ext.P1 award in this writ petition on the ground that the amount of compensation awarded is only Rs.4,000/- and therefore the said order is not appealable in view of Section 173(2) of the Motor Vehicles Act, 1988. But, it is noted that the amount awarded is only a paltry sum. So, it is not just or proper to entertain this writ petition, even assuming there is a case for the petitioner. It is against the statutory scheme. But, it is ordered that the finality of the claim in favour of the 1st respondent herein in O.P.(MV) NO.897/1999 will not operate as res judicata against the parties, if any other appeal is pending before this Court against Ext.P1, which is a common award disposing of three claim petitions. With the above direction, the writ petition is disposed of. (K.BALAKRISHNAN NAIR, JUDGE) ps