IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 MACA.No. 1357 of 2011(C) ----------------------- OPMV.352/2010 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT : 3RD RESPONDENT ---------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, OOP. TOWN HALL, TIRUR, PIN-676 101, REPRESENTED BY ITS MANAGER. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS : PETITIONERS AND RESPONDENT NOS.1 AND 2 ----------------------------------------------------- 1. ABDUL RASSAQU ADAKKODAN, AGED 45 YEARS, S/O. SAIDALAVI, RESIDING AT PALASSERY HOUSE, VALANCHERI, P.O.MORAYUR, PIN-673 649. 2. K.V.LAILA, AGED 37 YEARS, W/O.ABDUL RASSAQU ADAKKODAN, RESIDING AT PALASSERY HOUSE, VALANCHERI, P.O.MORAYUR, PIN-673 649. 3. NASSEF(MINOR), AGED 15 YRS, S/O. ABDUL RASSAQU ADAKKODAN, RESIDING AT PALASSERY HOUSE, VALANCHERI, P.O.MORAYUR, PIN-673 649, REPRESENTED BY NEXT FRIEND, GUARDIAN AND FATHER ABDUL RASSAQU ADAKKODAN. 4. RIBIN(MIBIN), AGED 12 YRS, S/O. ABDUL RASSAQU ADAKKODAN, RESIDING AT PALASSERY HOUSE, VALANCHERI, P.O.MORAYUR, PIN-673 649, REPRESENTED BY NEXT FRIEND, GUARDIAN AND FATHER ABDUL RASSAQU ADAKKODAN. 5. ITHALU K., AGED NOT KNOWN, PROPRIETOR, CALICUT SOAP WORKS, PETTA P.O., FEROKE, CALICUT, PIN-673 631. 6. ABDUL KAREEM K., AGED 39 YEARS, S/O. ABDULRAHIMAN K., AMMAYI PARAMBATH HOUSE, P.O.PULIKKAL, CHERUKAVU AMSOM, PIN-673 637. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. *********************** M.A.C.A No.1357 of 2011-C ***************************** Dated this the 20th day of September, 2011 JUDGMENT BASANT, J. Insurance company is the appellant. The appeal is directed against a common award dated 05.03.2011. When this appeal came up for admission, the learned counsel for the appellant submits that the appellant wants to assail the finding only on the question of negligence. But in an appeal against the same impugned common award, by judgment dated 26.08.2011 in M.A.C.A No.1349 of 2011 the ground of challenge which the appellant wants to raise has not been accepted by this Court. 2. We are, in these circumstances, satisfied that this appeal only deserves to be dismissed now. This appeal is accordingly dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/