IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 MACA.No. 452 of 2003(P) -------------------------------------- OP(MV) NO.502 OF 1999 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THODUPUZHA. .......... APPELLANT/PETITIONER: ------------------------------------------- CHINNAMMA, W/O. JOSE, KALAPURACKKAL HOUSE, UPPUKANDOM P.O., ERATTAYAR KARA, KALKOONTHAL VILLAGE, IDUKKI. BY ADV. SRI.MATHEW JOHN (K) RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. JOSEPH JOSEPH, PUNNAVELIKUNNEL HOUSE, MARYGIRI P.O., THANKAMONY VILLAGE. 2. V.J.MATHEW, S/O. JOSEPH, VELUTHEDATH PARAMBIL HOUSE, KEERAMPARA P.O., VELIYACHAL, KOTHAMANGALAM. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, REPRESENTED BY THE BRANCH MANAGER, KATTAPPANA. ADV. SRI.VIJU ABRAHAM FOR R1 SRI.JOY C.PAUL FOR R2 SRI.PMM.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 452 OF 2003 = = = = = = = = = = = = = = = Dated this the 17th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)502/99. The claimant is awarded a compensation of Rs.28,500/- and the insurance company was directed to deposit the amount and was allowed to recover the said amount from the 2nd respondent after satisfaction of the award. This appeal is preferred by the claimant against the award of the Tribunal. 2. There were connected cases against the award in O.P.(MV) 501 and 502/99. The owner of the vehicle who is the 2nd respondent in the claim petitions moved two appeals as MACA 684 and 691 of 2003. The Division Bench of this Court by judgment dated 17th June, 2008 had disposed of the matter with respect to the question regarding the interse liability between the insurance company and the owner. Now the present appeal is preferred by the claimant in O.P.502/99 challenging the quantum of compensation. M.A.C.A. 452 OF 2003 -:2:- 3. Now, by virtue of the judgment of the Division Bench the matter has gone back to the Tribunal for fresh consideration with respect to the interse liability and the right to recover. So it is only correct to set aside the award herein also with a direction to consider the prayer for enhancement of compensation after hearing all concerned. Or in other words, while disposing of O.P.(MV).502/99 the Court can consider the question of interse liability as directed by the Division Bench and also consider the question of enhancement of compensation by virtue of this judgment. Parties are directed to appear before the Tribunal on 21.1.2009. The appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-