IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 MFA.No. 1292 of 1996(B) ---------------------------------- OPMV.660/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT: 3rd RESPONDENT ------------------ UNITED INDIA INSURANCE CO. LTD., REP.BY ITS MANAGER, VETTUKATTIL BUILDINGS , M.G.ROAD, KOCHI 682 016. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENTS/ PETITIONERS & RESPONDENTS 1 & 2 --------------------- 1. THIRUMALAKUTTY, W/O. LATE RAMAN, MULLARI KULANGARA HOUSE, POST THIRUVANGOOR, QUILANDY TALUK, KOZHIKODE DISTRICT. 2. BALAN, S/O. LATE RAMAN, MULLARI KULANGARA HOUSE, POST THIRUVANGOOR, QUILANDY TALUM, KOZHIKODE DISTRICT. 3. ACHUTHAN, S/O. LATE RAMAN, MULLARI KULANGARA HOUSE, POST THIRUVANGOOR, QUILANDY TALUK, KOZHIKODE DISTRICT. 4. MADHAVI, D/O. LATE RAMAN, MULLARI KULANGARA HOUSE, POST THIURVANGOOR, QUILANDY TALUK, KOZHIKODE DISTRICT. 5. BHASKARAN, S/O. LATE RAMAN, MULLARI KULANGARA HOUSE, POST THIRUVANGOORM QUILANDY TALUK, KOZHIKODE DISTRICT. M.F.A. NO.1292/1996 6. ASHOKAN, S/O. LATE RAMAN, MULLARI KULANGARA HOUSE, POST THIRUVANGOOR , QUILANDY TALUK, KOZHIKODE DISTRICT. 7. RAJAN, S/O. LATE RAMAN, MULLARI KULANGARA HOUSE, POST THIRUVANGOOR, QUILANDY TALUK, KOZHIKODE DISTRICT. 8. G.RAJAN, S/O. KRISHNAN, GEETHA TRAVELS, P.O. VENGAD, KOOTHUPARAMBA. *9. PADMA PRAKASAN S/O. KELAN, THAYYIL HOUSE, KADAMBUR AMSAM, KANNANICHAL DESOM, KANNUR DISTRICT. (D E L E T E D) *9TH RESPONDENT IS DELETED FROM THE PARTY ARRAY VIDE ORDER IN I.A.NO.357/08 DTD. 13/02/2008. BY ADV. SRI.K.RAKESH ROSHAN - R1 TO R7 SMT.THUSHARA.V THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A. NO.1292/1996 ORDER ON CMP. NO.4673/1996 IN MFA. NO.1292/1996 DISMISSED 13.02.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.F.A.No.1292 OF 1996 ------------------------------------- Dated 13th February, 2008 JUDGMENT Koshy,J . Husband of the first claimant died in a motor accident due to the negligence of the driver of the vehicle insured by the appellant insurance company. He died leaving his wife and six children. Tribunal awarded a compensation of Rs.1,42,300/= with interest and cost. The insurance company is only disputing the quantum of compensation. Admittedly, insurance company did not obtain permission to contest on all points. In the above circumstnces, appeal filed by the insurance company on the question of quantum of compensation is not maintainable. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks