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2021 Supreme(Online)(KER) 52011
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
MACA.No.1731 OF 2008(C) AGAINST THE AWARD IN OPMV 996/2004 DATED 23-01-2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL PALA APPELLANT/S: ORIENTAL ERNAKULAM, REPRESENTED BY ITS ASSISTANT MANAGER,, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADVS.
SRI.GEORGE CHERIAN (THIRUVALLA) SMT.K.S.SANTHI SMT.LATHA SUSAN CHERIAN RESPONDENT/S: 1 ANU BINU W/O BINU, EDAYADIYIL HOUSE, POONJAR.P.O, PERINNILAM. 2
BALAKRISHNAN NAIR S/O.NARAYANAN NAIR MAZHUVANCHERIYIL HOUSE,KONDOOR VILLAGE,, THIDANADU KARA, VAIKANAPARA BHAGOM. 3
SINU W/O SHAJAHAN PATHALAPURAYIDATHIL HOUSE, ERUMELY THEKKU VILLAGE, KARIMKALLUMMOOZHY, BHAGOM.
P.T.THOMAS PULICKAL HOUSE POONJAR.P.O ERATTUPETTA.P.O. R1 BY ADV. SRI.JACOB E SIMON R3 BY ADV. SRI.P.BABU KUMAR R3 BY ADV. SRI.P.YADHU KUMAR R3 BY ADV. SRI.VISHNU BABU R4 BY ADV. SRI.BABY THOMAS R4 BY ADV. SRI.J.PRAKASH C.VADAKKAN OTHER PRESENT: SRI.GEORGE CHERIAN(THIRUVALLA) AND SMT.K.S.SANTHI FOR APPELLANT THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04- 03-2021, ALONG WITH
WP(C).23340/2008(C),
WP(C).23345/2008(D), THE COURT ON 05-03-2021 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.23340 OF 2008 AGAINST THE ORDER/JUDGMENT IN OPMV 395/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL PALA PETITIONER/S: THE ORIENTAL INSURANCE CO.LTD ERNAKULAM REP. BY ITS ASSISTANT MANAGER,, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADV. SRI.GEORGE CHERIAN (SR.) RESPONDENT/S: 1 NARAYANANKUTTY NADACKAL HOUSE, THALANADU VILLAGE AND KARA, THALANADU PO. 2
BALAKRISHNAN NAIR SO.NARAYANAN NAIR MAZHUVANCHERIYIL HOUSE,, VEYILUKANAMPARA BHAGOM, THIDANADU KARA, KONDOOR VILLAGE.
SAINU SHAJAHAN PATHALUPURAYIDATHIL HOUSE, ERUMELY NORTH VILLAGE, ERUMELY KARA, KARIMKALLUMMOOZHY BHAGOM.
P.T.THOMAS PULICKAL ERATTUPETTA.
R1 BY ADV. SRI.AJEESH K.SASI R4 BY ADV. SRI.MATHEW JOHN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03- 2021, ALONG WITH
MACA.1731/2008(C),
WP(C).23345/2008(D), THE COURT ON 05-03-2021 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.23341 OF 2008
AGAINST THE ORDER/JUDGMENT IN OPMV 409/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL PALA PETITIONER/S: THE ORIENTAL INSURANCE CO.LTD.
ERNAKULAM, REP. BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH,, KOCHI-18.
BY ADV. SRI.GEORGE CHERIAN (SR.) RESPONDENT/S: 1 RADHAMANI AMMA THAZHAKKAVANAL HOUSE, CHENNADU OFFICE, VILLAGE AND KARA, CHENNADU PO., 2 BALAKRIASHNAN NAIR S/O.NARAYANAN NAIR, MAZHUVANCHERIYIL HOUSE, VEYILAKUNAMPARA BHAGOM, THIDANADU KARA, KONDOOR VILLAGE.
SAINU SHAJAHAN PATHALUPURAYIDATHIL HOUSE, ERUMELY NORTH VILLAGE, ERUMELY KARA, KARIMKALLUMOOZHY BHAGOM P.T.THOMAS PULICKAL ERATTUPETTA.
R1 BY ADV. SRI.BABY THOMAS R1 BY ADV. SRI.MATHEW JOHN K THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03- 2021, ALONG WITH
MACA.1731/2008(C),
WP(C).23340/2008(C),
WP(C).23345/2008(D), THE COURT ON 05-03-2021 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.23342 OF 2008
AGAINST THE ORDER/JUDGMENT IN OPMV 995/2004 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL PALA PETITIONER/S: THE ORIENTAL INSURANCE CO. LTD.
ERNAKULAM, REP. BY ITS ASSISTANT MANASGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADV. SRI.GEORGE CHERIAN (SR.) RESPONDENT/S: 1 SINU SEBASTIAN POONJAR PO., PERUNNILAM.
BALAKRISHNAN NAIR S/O.NARAYANAN NAIR, MAZHUVANCHERIYIL HOUSE, KONDOOR VILLAGE, THIDANADU KARA, VEYILUKANAMOARA BHAGOM.
SINU WO.SHAJAHAN PATHALUPURAYIDATHIL HOUSE, ERUMELY THEKKU VILLAGE, KARIMKALLUMMOOZHY BHAGOM.
P.T.THOMAS PULICKAL HOUSE ERATTUPETTA PO., THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03- 2021, ALONG WITH
MACA.1731/2008(C),
WP(C).23340/2008(C),
WP(C).23345/2008(D), THE COURT ON 05-03-2021 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.23343 OF 2008
AGAINST THE ORDER/JUDGMENT IN OPMV 501/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL PALA PETITIONER/S: THE ORIENTAL INSURANCE CO.LTD.
ERNAKULAM REP. BY ITS ASSISTANT MANAGER,, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.
BY ADV. SRI.GEORGE CHERIAN (SR.) RESPONDENT/S: 1 MOHANAN KATHIL HOUSE, PUTTOOR VILLAGE, KOTTATHALAMURI, SARIGA JN., BHAGOM, KOLLAM.
P.T.THOMAS PULICKAL H POONJAR PO.
BALAKRISHNAN NAIR S/O.NARAYANAN NAIR,, NAZHUVANCHERIYIL HOUSE, THIDANADU KARA, KONDOOR VILLAGE, VEYILUKANAMPARA BHAGOM SAINU SHAJAHAN PATHALUPURAYIDATHIL HOUSE, ERUMELY NORTH VILLAGE, ERUMELY KARA, KARIMKALLUMMOOZHY BHAGOM.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03- 2021, ALONG WITH
MACA.1731/2008(C),
WP(C).23340/2008(C),
WP(C).23345/2008(D), THE COURT ON 05-03-2021 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.23344 OF 2008
AGAINST THE ORDER/JUDGMENT IN OPMV 10216/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL PALA PETITIONER/S: THE ORIENTAL INSURANCE CO. LTD.
ERNAKULAM, REP. BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH,, KOCHI-18.
BY ADV. SRI.GEORGE CHERIAN (SR.) RESPONDENT/S: 1 BIBIN K.BABU KALLOLIL HOUSE, REP. BY THE NEXT FRIEND AND, GUARDIAN, BABU.
P.T.THOMAS PULICKAL POONJAR PO.
BALAKRISHNAN NAIR NAZHUVANCHERIYIL HOUSE VAILKANAMPARA, ERATTUPETTA-2. R1 BY ADV. SRI.AJEESH K.SASI R1 BY ADV. SRI.MATHEW JOHN K THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03- 2021, ALONG WITH
MACA.1731/2008(C),
WP(C).23340/2008(C),
WP(C).23345/2008(D), THE COURT ON 05-03-2021 DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942
WP(C).No.23345 OF 2008
AGAINST THE ORDER/JUDGMENT IN OPMV 1050/2004 DATED 23-01-2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL PALA PETITIONER/S: THE ORIENTAL INSURANCE CO.LTD.
REP. BY ITS ASSISTANT MANAGER,, REGIONAL OFFICE, ERNAKULAM, KOCHI.18 BY ADV. SRI.GEORGE CHERIAN (SR.) RESPONDENT/S: 1 ABIN K.BABU (MINOR) ARUVITHURA PO., ERATTUPETTA-11, REP. BY NEXT, FRIEND AND GUARDIAN, BABU.
2 P.T.THOMAS PULICKAL HOUSE POONJAR.P.O., BALAKRISHNAN NAIR MAZHUVANCHERIYIL HOUSE, VAILKANAMPARA,, ERATTUPETTA-2., SAINU SHAJAHAN PATHALUPURAYIDATHIL HOUSE, ERUMELY NORTH VILLAGE, ERUMELY KARA., KARIMKALLUMMOOZHY BHAGOM.
R1 BY ADV. SRI.AJEESH K.SASI R1 BY ADV. SRI.MATHEW JOHN K THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03- 2021, ALONG WITH
MACA.1731/2008(C),
WP(C).23340/2008(C),
WP(C).23344/2008(D), THE COURT ON 05-03-2021 DELIVERED THE FOLLOWING: P .V .KUNHIKRISHNAN, J -----------------------------------------------
M.A.C.A. No.1731 of 2008 and W .P .(C.) Nos.23340, 23341, 23342, 23343, 23344 & 23345 of 2008
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Dated this the 5 th day of March, 2021
JUDGMENT
The captioned cases are six writ petitions and one MACA. All these writ petitions and the MACA are connected and therefore, I am disposing of all these cases by a common judgment.
2. These cases are filed challenging the common award in O.P . (M.V .) Nos. 395,409, 501, 995, 996, 1046 and 1050 of 2004 on the file of the Motor Accidents Claims Tribunal, Pala. All these claim petitions were filed under Sec. 166 of the Motor Vehicles Act by the claimants/injured in a road traffic accident. Hereinafter the respondents are mentioned in accordance to their rank in O.P .(M.V .)
No. 501/2004, which is the subject matter in W .P .(C.) No. 23343/2008.
3. The short facts are like this : The petitioners in these claim petitions sustained injuries in a road traffic accident happened on 29.01.2004 at about 9.50 p.m. at Thidanad. All the petitioners were travelling in a bus bearing registration No. KL- 8/G-6919 through Kan jirappally-Erattupetta road. The driver lost control of the vehicle and it turned turtle. The claimants contended that the accident occurred due to the rash and negligent driving by the 2 nd respondent, who is the driver of the bus. The 1 st respondent is the owner and the 3 rd respondent is the insurer of the vehicle.
4. All these claim petitions were tried together. To substantiate the case, Exts. A1 to A26 were marked on the side of the claimants and Exts. B1 to B14 were marked on the side of the respondents. After going through the available documents and pleadings, the Tribunal allowed the claim petitions and ordered compensation to the claimants and directed the Insurance Company to pay the compensation. In the award, there is a finding by the Tribunal that there is collusion between the Insurance Company and one Sainu Shajahan, who is arrayed as 4 th respondent in O.P .(M.V
.) No. 501/2004.
According to the 1 st respondent, 4 th respondent is the owner of the bus. Aggrieved by this award, these cases are filed by the Insurance Company. The writ petitions are filed because the compensation awarded in the impugned awards in all those cases are below
Rs.10,000/-. The appeal is filed against the award in O.P .(M.V .)
No.996/2004 in which the amount of compensation awarded is
Rs.23,000/-.
5. Since common contentions were raised in all these cases before the Tribunal, I will narrate the contentions in brief. The 1 st respondent in O.P .(M.V .) Nos. 501/2004, 1046/2004 and 1050/2004,
who is the additional 4 th respondent in the other claim petitions filed separate written statements raising similar contentions. According to him, he sold the vehicle to Sri.P .M.Hameed, S/o Meera Sahib, Pathalupurayidathil, Erumely on 8.3.2000 and he intimated the sale to the registering authority as well as the 3 rd respondent Insurance company. After 8.3.2000, according to this respondent, he had no interest over the vehicle. In December, 2001 this respondent came to know that the transfer was not endorsed in the registration certificate. Therefore, this respondent and transferee of the vehicle filed a joint application before the RTO to transfer the permit. The transferee made this respondent believe that the endorsement was made in the RC book and the permit will be transferred in the name of the transferee's son. The permit was later transferred in the name of Sainu Shajahan, daughter-in-law of P .M.Hameed as per proceedings
No.C7-738 dated 23.01.2002 of the RTO. Since the tax remained unpaid, revenue recovery proceedings were initiated. Sainu Shajahan moved this Court by filing a writ petition for an order directing the RTO to transfer the ownership and permit in her name. This Court permitted Sainu Shajahan to pay the tax arrears in instalments. Therefore, this respondent contended that he is an unnecessary party in these clai
