IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 107 of 2007()
1. KRISHNA PRASAD, AGED 52 YEARS,
... Petitioner
2. JANAKA, AGED 51 YEARS,
Vs
1. AHAMMED KABEER M.,
... Respondent
2. NISHAD, AGED 36 YEARS,
3. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :08/04/2008
O R D E R
J.B.KOSHY & K.HEMA,JJ.
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M.A.C.A.No. 107 of 2007
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Dated this the 8th day of April, 2008
JUDGMENT
Koshy, J.
This appeal is filed against the rejection of the interim petition
filed under Section 140 of the Motor Vehicles Act. According to the
Tribunal, involvement of the second respondent’s vehicle was not
proved. Hence, Section 140 application is dismissed. The case of
the petitioners is that despite the FIR, the final report shows that
the vehicle was involved in the accident occurred as alleged. It is
also submitted that Section 140 claim in respect of the pillion rider
was allowed by the Tribunal. The main application was filed in the
year 2005. In these circumstances, we direct the Tribunal to
dispose of the main application itself as expeditiously as possible
untrammelled by the observations/findings made in the impugned
order. Both sides are free to adduce evidence on merit before the
Tribunal. Appeal is allowed to the above extent.
J.B.KOSHY, JUDGE
K.HEMA, JUDGE
vgs.