IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 MACA.No. 415 of 2008() ---------------------- OPMV.1822/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... : APPELLANT/4TH RESPONDENT ----------------------------------------- MOHAMMED SHAFI, AGED 36 YEARS, S/O. IMBICHIKOYA, B.V.HOUSE, ARAKINAR PO, VALIYAKADUPARAMBA, MATHOTTAM, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: PETITIONERS ------------------------ 1. HYRUNNISA, 30 YEARS, D/O. MOIDEEN KUTTY, CHEROTTIL HOUSE P.O.KARUVANTHURUTHY, FEROKE, KOZHIKODE. 2. PANAKUNNEN BADARUDDIN, AGED 26 YEARS' S/O. AHAMED, POOLAKKAL HOUSE, PULIKKAL AMSOM KOTTAPURAM, MALAPPURAM DISTRICT. 3. P.V.ALAVIKUTTY,S/O. P.V.MUHAMMED NARIKUTHU HOUSE, PULIKKAL P.O., MALAPPURAM. 4. M/S. ORIENTAL INSURANCE CO.LTD JASEELA COMPLEX, NILAMBUR ROAD MANJERI, MALAPPURAM DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.A.C.A.No. 415 of 2008 ------------------------------------------------ Dated this the 28th day of February, 2008 JUDGMENT Koshy, J: A five year old girl died on 13-5-2002 in a motor accident. Her father/appellant herein and mother/1st respondent claimed compensation by filing separate petitions. 2. First respondent's application was allowed and application filed by the appellant was dismissed by a common award. He filed only one appeal against the award passed by the Tribunal in the application filed by his wife. He did not file an appeal against the award by which his application was dismissed. Here no relief can be granted to him as the findings in the above award would be bound on him. 3. It has come out in evidence that appellant deserted the 1st respondent when the deceased daughter was in the womb. Thereafter, the Family Court by judgment in O.P. 405 of 2000 granted divorce on the ground of desertion. Ex parte maintenance was passed for the child. The contention of the MACA 415/08 2 appellant is that at the time of accident he was in Gulf and the 1st respondent re-married and no amount was awarded to him and the entire claim amount was awarded to the 1st respondent. We are of the view that the child and the 1st respondent /mother were deserted by the appellant and he never bothered about them. He had not extended any help to the deserted wife or the daughter. Child was brought up by the mother. He wants only money that was awarded to the death of his daughter. He lost nothing due to the death of his daughter. Merely because there was an ex parte order to pay maintenance to the daughter by the Family Court, he will not get any benefit. He need not act any compulsory maintenance after death of the child. He is not justified in claiming compensation. We see no ground to interfere with the award. Hence, the appeal is dismissed. J.B. KOSHY, JUDGE. K. HEMA, JUDGE. Krs.