IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 9^TH DAY OF AUGUST 2024 / 18TH SRAVANA, 1946 OP (MAC) NO. 31 OF 2024 AGAINST THE ORDER DATED 25.07.2022 IN OPMV NO.216 OF

2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,, VADAKARA PETITIONER/1ST RESPONDENT/3RD RESPONDENT:

UNITED INDIA INSURANCE CO LTD., AM BUILDING, PB NO 5, HOSPITAL ROAD, NILAMBUR, MALAPPURAM REP BY THE DULY AUTHORISED SIGNATORY ASST. MANAGER, REGIONAL OFFICE, KOCHI, PIN -

682011 BY ADV RAJAN P.KALIYATH RESPONDENT/PETITIONER/PETITIONER:

SAJITH THOMAS, AGED 45 YEARS S/O. K.J. THOMAS, KOYIKKAL HOUSE, P.O., KAYANNA, KOZHIKODE, REP. BY THE PA HOLDER K.J. THOMAS, AGED

73 YEARS, S/O. JOHN, KOYIKKAL HOUSE, KAYANNNA POST, KOZHIKODE, PIN - 679329 SRI. BINOY DAVIS, GP THIS OP (MAC) HAVING COME UP FOR ADMISSION ON

09.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The present Original Petition has been filed impugning the order in Ext.P5 passed by the Motor Accidents Claims Tribunal, Vadakara in E.P No.7/2022 in OP(MV) No.216/2010 dated 25.07.2022. Despite service of notice on respondent, there is no representation on his behalf.

2. As per the Award dated 31.10.2015 passed in OP(MV)

No.216/2010, the respondent was awarded a sum of Rs.18,42,928/- together with interest at the rate of 9% from the date of filing the Claim Petition, i.e. on 29.12.2009.

3. The petitioner, the Insurance Company has deposited the said amount along with interest on 29.04.2015. That amount was withdrawn by the respondent. The respondent, dissatisfied by the Award, filed an appeal in MACA 641/2016 before this Court. This Court wherein, judgment dated 13.06.2018 allowed the appeal and remitted back the Original Petition to the Tribunal with a direction to consider the respondent's claim for compensation under the heads 'Treatment Expenses' and Bystander Expenses”. After affording all other findings of the Tribunal except the findings of the contributory negligence, the Tribunal was directed to consider the claim under the aforesaid heads.

4. On remand, the Tribunal passed the fresh Award dated

13.02.2019 and awarded compensation of Rs.40,57,606/- together with interest at the rate of 9% per annum from the date of petition, i.e. on 29.12.2009 along with proportionate costs. The respondent has remitted the balance amount along with interest accrued thereof. However, in Execution Petition, the Tribunal has held that the petitioner has made a short payment of Rs.8,55,863/- and therefore, the petitioner has been directed to pay the said amount along with 9% interest.

5. The Tribunal has calculated interest even on the payment made by the petitioner to the satisfaction of the earlier Award dated 31.10.2015. In the present petition, the tabulated form of the amount to be paid towards the satisfaction of the Award has been given in Ext.P4, which reads as under:

6. The petitioner has paid the aforesaid amount. I find the calculation chart in Ext.P4 is in accordance with law and therefore, the impugned order dated 25.07.2022 in EP No. 7/2020 in O