Judgment :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. The controversy lies within a very narrow compass. The appellant had filed appeal before the Kerala High Court questioning the correctness of a judgment rendered by Motor Accident Claims Tribunal, Thalassery. The award was passed in favour of the respondent allowing him to realize a sum of Rs.24,033/- with interest with proportionate cost from the driver, owner and present appellant jointly and severally payable by the present appellant. According to the appellant, the insurer is not liable to make the payment since the claimant is already compensated by another Insurance Company by paying Rs.21,700/- for the same cause of action consequent to the same accident. Therefore, it was submitted that the respondent was not entitled to double payment of compensation. The High Court did not accept the plea and upheld the award of MACT.

3. Learned counsel for the appellant submitted that in respect of the very same claim, the matter was settled by another Insurance Company. It was accepted by the claimant that he had settled his claim with the insurer of the jeep. But according to him that is of no consequence and did not debar him from