IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 MACA.No. 2097 of 2006(G) ----------------------- OPMV.122/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT/3RD RESPONDENT: ---------------------------------- THE ORIENTAL INSURANCE CO. LTD., KANNAMKULAM, REPRESENTED BY ITS ADMINISTRATIVE- OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH,KOCHI-18 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/CLAIMANT& 6TH RESPONDENT: --------------------------------------------------- 1. T.R. BINU ALIAS VINODH, S/O. SRI.RAVEENDRAN NAIR, THELAKANDATHIL HOUSE, ERATTAPELLIYAL, KADAMPAZHIPURAM, OTTAPALAM TALUK. 2. UNITED INDIA INSURANCE CO. LTD., BRANCH-III, BDB BUILDING, 4TH FLOOR, STATE BANK ROAD, COIMBATORE. R1 BY ADV. SRI.JACOB SEBASTIAN R2 BY ADV. SRI.N.S.MOHAMMED USMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 2097 OF 2006 -------------------------------------------- Dated this the 27th day of November, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and counsel appearing for respondents 1 and 2. The case of the appellant is that accident was not caused on account of negligence of the driver of the vehicle insured by them. Counsel has produced award passed in the connected case arising out of the same accident by the MACT, Palakkad, whereunder that MACT held that accident is the result of contributory negligence of both the drivers of cars involved in the accident. The said award was passed on 31.1.2005 whereas the award impugned in this appeal is passed only on 7.8.2006. Inspite of being a party to the case, appellant has not chosen to produce award passed by MACT, Palakkad. Therefore MACT while deciding the matter was not in a position to consider the earlier award passed by another MACT in the connected case. Even though there is some conflict between the awards, we do MACA : 2097/06 2 not think any correction is possible when aggrieved parties are not in the party array. In this case even the claimant in the other case is not made a respondent. Moreover the registered owner of either vehicle is not made a respondent. In the circumstances, we dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk MACA : 2097/06 3