IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 MACA.No. 1591 of 2009() ---------------------------------- (AGAINST THE AWARD DATED 20.12.2008 IN OPMV NO.2771/2005 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE) ....................... APPELLANT(S): PETITIONERS IN OPMV -------------------------------------------------------- 1. MINI HARIKUMAR, W/O.HARIKUMAR (LATE) AGED 39 YEARS. 2. AHALYA HARIKUMAR (MINOR) AGED 6 YEARS, D.O.B. 3-8-2003 3. ADHITHYA,AGED 9 YEARS, D.O.B. 11.1.2000. 4. A.K.KUMARAN NAIR, S/O.MOOTHEDATH KUMARAN NAIR, AGED 74 YEARS. 5. K.DHAKSHAYANI AMMA, W/O. KUMARAN NAIR, AGED 65 YEARS. (ALL ARE RESIDING AT EDAKKOTH HOUSE, P.O. KANIPARAMBA, MAVOOR, KOZHIKODE. MINORS ARE REPRESENTED BY THEIR MOTHER AND LEGAL GUARDIAN MINI HARIKUMAR) BY ADV. SMT.LATHA PRABHAKARAN RESPONDENT(S): RESPONDENTS IN OPMV -------------------------------------------------------------- 1. THE MANAGING PARTNER, BON MOTO CRAFTS, MYLAKKAD P.O. KOTTIYAM, KOLLAM. 2. ORIENTAL INSURANCE CO.LTD.,DIVISIONAL OFFICE -II, ST. ANTONY VILLA,ULLOOR, TRIVANDRUM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ M.A.C.A.No.1591 of 2009-D ---------------------------------------------- Dated, this the 20th day of July, 2009 J U D G M E N T K.M.Joseph, J. Appellants have filed this appeal against a common order by which the Tribunal has closed the petitions filed under Section 166 of the Motor Vehicles Act stating that the petitioners wanted to prefer the case to appropriate forum. Appeal is maintainable under Section 173 of the Motor Vehicles Act, only against an award. Section 168 speaks about the award of the Tribunal. It speaks about holding of enquiry into the claim and subject to the provisions of Section 162 making award determining the amount of compensation which appears to be just and specifying the person or persons to whom compensation shall be paid and also in making the award Tribunal has to specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them as the case may be. In such circumstances, we are of the view that the MACA No.1591/2009 -2- present appeal filed against the common order of the Tribunal will not lie. Without prejudice to any other remedies which the appellants have against the common order, the appeal is dismissed as not maintainable. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS