IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MACA.No. 1077 of 2004() ----------------------- OPMV.68/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELANTS/RESPONDENTS 1 AND 2: ----------------------------------------------------------- 1. KAIATHAKATH ABOOBACKER, S/O. MOHAMEDKUTTY, KANDANATH HOUSE P.O., VELIMUKKU, SOUTH MALAPPURAM DISTRICT. 2. KAITHAKATH ABDUL RAHEEM, S/O. MOHAMED KUTTY, KANDANATH HOUSE, P.O. VELLIMUKKU SOUTH, MALAPPURAM. BY ADV. SRI.AUGUSTINE JOSEPH SRI.P.K.MOHAMED JAMEEL RESPONDENTS: PETITIONERS AND RESPONDENTS 1,3 & 4: ----------------------------------------------------------------------------------------- 1. KARAT MOHAMED ALI, S/O. MOIDEEN KUTTY, ILLATHIONGAL (P.O), VELIMUKKU SOUTH, MALAPPURAM DISTRICT, TIRUR TALUK. 2. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, CALICUT, INSURER POLICE NO.570305/31/63/93/94/0368. 3. UNITED INDIA INSURANCE CO. LTD., PONDI AUTOMOBILE BUILDING, POST BOX NO.11, UP HILL, MALAPPURAM. BY ADV. SMT.SARAH SALVY - R2 SRI.P.R.RAMACHANDRA MENON - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/06/2008 ALONG WITH M.A.C.A.NO.1080 OF 2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2412/2004 IN M.A.C.A.NO.1077/2004 DISMISSED 2/06/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N.KRISHNAN, J. -------------------------- M.A.C.A. Nos. 1077 & 1080 OF 2004 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT Both these appeals are preferred by respondents 1 and 2 in the claim application against the finding of the Motor Accident Claims Tribunal, Tirur, regarding their liability. Four cases were disposed of by a common award against which MACA Nos.1073 & 1078/04 were also filed. I had disposed of those two cases by remand. I had directed the court below to give opportunity to the respondents to substantiate their contentions. Therefore these appeals are also disposed of on the same line. Therefore MACA Nos.1077 & 1080/04 are disposed of and the matter is remitted back to the trial court for fresh disposal as ordered in MACA Nos.1073 & 1078/04 along with the same. Parties are directed to appear before the court below on 10.7.08. M.N.KRISHNAN, JUDGE vps