IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TH THURSDAY, THE 4 DAY OF JANUARY 2024 / 14TH POUSHA, 1945 MACA NO. 1450 OF 2014 AGAINST THE ORDER/JUDGMENT OPMV 501/2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANT/PETITIONER:

SOJAN P.V., S/O.VARGHESE, POTTEPARAMBIL HOUSE, KOZOOR PARAPPURAM DESOM, KAKKULISSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

BY ADVS.

SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS/RESPONDENTS:

1 JOSE N.D., S/O.DEVASSY, NEDUVELIKUDY HOUSE, KUTTIKAD DESOM, MUKUNDAPURAM TALUK-680 721.

2 RELIANCE GENERAL INSURANCE CO. LTD, OPP.NEW RAILWAY, VANCHIKULAM ROAD, POOTHOLE P.O., THRISSUR.

BY ADVS. SRI.K.M.RAPHY SRI.GEORGE CHERIAN SR.

SMT.LATHA SUSAN CHERIAN SMT.K.S.SANTHI ADV.JOSEPH GOPURAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04.01.2024, ALONG WITH MACA.1687/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TH THURSDAY, THE 4 DAY OF JANUARY 2024 / 14TH POUSHA, 1945 MACA NO. 1687 OF 2014 AGAINST THE ORDER/JUDGMENT OPMV 501/2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA APPELLANT/3RD RESPONDENT.

RELIANCE GENERAL INSURANCE CO. LTD., THRISSUR, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, ERNAKULAM.

BY ADVS.SRI.GEORGE CHERIAN (SR.)

SMT.LATHA SUSAN CHERIAN SMT.K.S.SANTHI RESPONDENT/CLAIMANT:

SOJAN P.V., S/O.VARGHESE, POTTEPARAMBIL HOUSE, KUZHUR PARAPPURM DESOM, KAKKULISSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT PIN 680 001.

BY ADV.SRI.A.N.SANTHOSH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04.01.2024, ALONG WITH MACA.1450/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Both these appeals arise from O.P.(MV).No.501 of 2009 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda. The said claim petition was submitted by the claimant, the appellant in M.A.C.A.No.1450 of 2014, seeking compensation for the injuries sustained to him in a motor accident that occurred on 30.07.2008. According to him, the accident happened when the motorcycle he was riding was hit by a tipper lorry bearing registration No.KL-45B-3992 driven by the 2^nd respondent in the claim petition. The said vehicle was owned by the 1^st respondent and was insured with the 3^rd respondent in the claim petition, the appellant in M.A.C.A.No.1687 of 2014. (For convenience, the parties herein are referred to based on their respective ranks in the claim petition.)

2. According to the petitioner, he was an employee in South Indian Bank at the time of the accident with a monthly income of Rs.20,000/-. He was 40 years old at the time of the accident. Consequent to the injuries sustained, he suffered permanent disablement and the same compelled the petitioner to take voluntary retirement from the bank on 29.02.2012. The claim petition was submitted in such circumstances seeking a total compensation of Rs.75,00,000/-.

3. The 3^rd respondent alone contested the matter by a written statement, wherein they admitted the coverage of policy for the lorry. But they disputed the liability on various grounds. They disputed the negligence as well as the quantum of compensation claimed.

4. The evidence in this case consists of oral testimonies of PW1 to PW4, and as documentary evidence, Exts.A1 to A24 were marked from the side of the petitioner. Ext.B1 and B2 were marked from the side of the 3^rd respondent. After the trial, the Tribunal came to the conclusion that the accident occurred due to negligence on the part of the driver of the lorry and being the insurer of the said lorry, the 3^rd respondent was held liable to pay the compensation. The quantum of compensation was fixed as Rs.40,31,370/- with interest at the rate of 7.5% per annum from the date of petition till realization.

5. M.A.C.A.No.1450 of 2014 was submitted by the appellant in such circumstances seeking enhancement of compensation, whereas M.A.C.A.No.1687 of 2014 was subm