IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 25TH SEPTEMBER 2007 / 3RD ASWINA 1929 MFA.No. 1367 of 1996() ---------------------- AGAINST THE INTERIM AWARD PASSED BY THE COURT OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL KALPAETTA IN I.A. NO. 1027/1996 IN O.P (MV) 204/1995 DATED 16-8-1996 .................... APPELLANT: -------------- UNITED INDIA INSURANCE CO. LTD BRANCH OFFICE, KALPETTA REPRESENTED BY ITS MANAGER THIRD PARTY CLAIMS CELL VETTUKATTIL BUILDINGS, KOCHI. BY ADV. SRI.K.C.PETER RESPONDENTS: ---------------- 1. JOY M. ANTONY, S/O ANTONY MAZHUVANCHERY HOUSE THOTTAKKATTUKARA , ALUVA 2. SURENDRAN, S/O JANU AYYAPPANKAVALA VYTHIRI TALUK KUNNATHIDAVAKA AMSOM DESOM OF VYTHIRI TALUK DRIVER OF KL-12/737 NO. JEEP 3. JOSEPH E.T, S/O THOMAS CHERIYATHARAPPEL VEEDU VYTHIRI P.O, KUNNATHIDAVAKA AMSOM DESOM OF VYTHIRI TALUK OWNER OF KL-12/737 NO.JEEP BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A. NO. 1367 OF 1996 ORDER IN C.M.P NO. 4862 OF 1996 IN M.F.A. NO. 1367 OF 1996 DISMISSED SD/- 25-9-2007 K.PADMANABHAN NAIR, JUDGE K.PADMANABHAN NAIR, J. ------------------------------------------ M.F.A No. 1367 of 1996 ------------------------------------------- Dated this the 25th day of September 2007 JUDGMENT 1. Today also, the appellant and counsel are absent. This appeal is filed by the Insurer in O.P (M.V) 204/1995 on the file of the Motor Accidents Claims Tribunal Kalpetta. I had already dismissed the appeal so far as the 1st respondent is concerned, for non- prosecution. Since the appellant and counsel are absent I have no other option, but to dismiss this appeal as against other respondents for non- prosecution. But there are certain facts which are to be clarified in this appeal. 2. This appeal is filed against an award passed by the Motor Accidents Claims Tribunal Kalpetta awarding an amount of Rs. 12,500/- as interim compensation. under Section 140 of the Motor Vehicles Act 1988 in an I.A. filed by the petitioner in the petition. The accident occurred on 30-10-1994 . According to the appellant, on the relevant date the quantum of compensation for permanent disability under 140 of the Motor Vehicles Act has come only to 12,500/- By the amendment of the Act which came into force with effect from 14-11-1994 the said amount was enhanced to Rs. 25,000/-. In M.F.A. 1000/1995 and other connected cases a Full Bench of this court held that Section 140 of the Motor Vehicles Act has no retrospective effect and hence the 1st respondent is M.F.A. No.1367 of 1996 -2- entitled to only for Rs. 12,500/-. It is also averred by the insurer in the appeal that he had already deposited Rs. 25,000/- in pursuance of the Order. 3. It is also seen that on 8-11-1996 in C.M.P 4862/1996 this Court has passed an order staying the operation of the order on condition that the appellant deposits only Rs.12,500/- That amount can be withdrawn by the 1st respondent. With the observations this appeal is dismissed for non-prosecution. K.PADMANABHAN NAIR,JUDGE es