IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 MACA.No. 1460 of 2004() ----------------------- OPMV.71/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/2ND RESPONDENT IN OP(MV): -------------------------- PADMANABHA PILLAI, THEKKEKOODATHINGAL HOUSE, 18/1722, G.C.D.A. QUARTERS, PALLURUTHY VILLAGE, KOCHI-6. BY ADV. SRI.THOMAS M.JACOB RESPONDENTS/CLAIMANTS/RESPONDENTS 1,3,4 AND 5 IN OP(MV): ------------- 1. TREESSA @ ROSAMMA, W/O.JOSEPH, PADANILUM HOUSE, EDAKOCHI, ERNAKULAM. 2. SHEEJA, D/O.JOSEPH, PADANILUM HOUSE, EDAKOCHI, ERNAKULAM. 3. SHEEBA, D/O.JOSEPH, PADANILUM HOUSE, EDAKOCHI, ERNAKULAM. 4. SHINOJ, S/O.JOSEPH, PADANILUM HOUSE, EDAKOCHI, ERNAKULAM, MINOR REPRESENTED BY MOTHER TREESSA @ ROSAMMA, W/O. JOSEPH, AS NEXT FRIEND. 5. THE PROJECT CO-ORDINATOR, CORPORATION OF COCHIN, ERNAKULAM. 6. NASSAR, KOTTANATTU HOUSE, MARAMPILLY KARA, VAZHAKULAM VILLAGE, KUNNATHUNADU TALUK. 7. VARGHESE @ RAJU, MALA KARA, POYYAM VILLAGE, MUKUNDAPURAM (REMOVED) ( NAME OF THE 7TH RESPONDENT IS REMOVED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 24.1.2006 IN I.A.225/2006.) MACA.1460/04 8. NATIONAL INSURANCE CO.LTD., ERNAKULAM. R8 BY ADV. SRI.JOE KALLIATH R5 BY ADV. SRI.NOBLE MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARDON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.A.C.A. No.1460 of 2004 --------------------------------------- Dated this the 24th day of March, 2008 Judgment Koshy,J. This appeal is filed by the second respondent in O.P. (M.V.) No.71 of 2001 on the file of the Motor Accidents Claims Tribunal, Ernakulam against an interim order passed under section 140 of the Motor Vehicles Act. Contention of the appellant was that the vehicle in which he was alleged to have been driving was not involved in the accident. Final order passed by the tribunal is produced. It shows that the lorry which he was driving was not involved in the accident and they were exonerated. Even otherwise, since the final award is passed, the matter will be governed by the final award and subject to filing appeal etc. In view of the final award, impugned interim order is set aside. Since the appellant was exonerated, the amount of Rs.6,250/- deposited by the appellant as a condition precedent in filing the appeal should be refunded to the appellant. Appeal is allowed. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. /2002 2 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.AS.C.A. No.1460 of 2004 ------------------------------------- Judgment Dated:24th March, 2008