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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941
M.A.C.A.No.2591 of 2008
AGAINST THE COMMON AWARD IN O.P.(MV)NO.517/2001 ON THE FILE OF THE
MOTOR ACCIDENTS CLAIMS TRIBUNAL ,KOZHIKODE DATED 07-11-2007
APPELLANTS/APPELLANTS:
1
VALSAMMA CHACKO, W/O.LATE CHACKO GEORGE,
PUTHUPPALLIYIL HOUSE, P.O.KULIRAMUTTY,
KOODARANHI, KOZHIKODE.
2
MILANA (MINOR, REP. BY MOTHER VALSAMMA
GEORGE).
3
GEORGE, S/O.KURIAKOSE,
PUTHUPPALLIYIL
HOUSE, P.O.KULIRAMUTTY, KOODARANHI, KOZHIKODE.
4
ANNAMMA, W/O.GEORGE,
PUTHUPPALLIYIL HOUSE,
P.O.KULIRAMUTTY, KOODARANHI, KOZHIKODE.
BY ADVS.
SRI.V.C.JAMES
SRI.GEORGE MECHERIL
RESPONDENTS/RESPONDENTS:
1
M.A.TITTO, S/O. ANTONY, MOYALAM HOUSE,
P.O.VARANDRAPPALLI, THRISSUR.
2
UNITED INDIA INSURANCE CO.LTD.,
BRANCH OFFICE, SEEMA TOWER, MAVOOR AOD, KOZHIKODE.
3
M.A.THOMAS, C/O.M.A.TITTO, MOYALAN HOUSE,
P.O.VARANDRAPPALLI, TRICHUR.
4
VALSAMMA CHACKO, W/O.LATE CHACKO GEORGE.
5
MILANA (MINOR), REP. BY LEGAL GUARDIAN
VALSAMMA CHACKO, W/O.LATE CHACKO GEORGE.
M.A.C.A.Nos.2591/2008 & con.cases
-2-
6
NATIONAL INSURANCE CO.LTD.,
DIVISIONAL OFFICE-II, PB.NO.811,
NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE.
BY ADVS.
SRI.A.A.MOHAMMED NAZIR
SRI.RAJESH THOMAS
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
02.07.2019, ALONG WITH MACA.455/2017, MACA.467/2017,
MACA.485/2017, MACA.2592/2008, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A.Nos.2591/2008 & con.cases
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941
M.A.C.A.No.455 of 2017
AGAINST THE AWARD IN O.P.(MV)NO.447/2001 DATED 07-11-2007 ON THE
FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE
APPELLANTS/PETITIONERS:
1
VALSAMMA CHACKO,
W/O.LATE CHACKO, PUTHUPPALLIYIL HOUSE,
KULIRAMUTTY P.O., KOODARANHI, KOZHIKODE DISTRICT.
2
MILANA,
D/O.VALSAMMA CHACKO, PUTHUPPALLIYIL HOUSE,
KULIRAMUTTY P.O., KOODARANHI, KOZHIKODE DISTRICT.
BY ADV. SRI.A.N.SANTHOSH
RESPONDENTS/RESPONDENTS:
1
M.A.TITTO,
S/O.ANTONY, MOYALAN HOUSE, VARANTHARAPPALLY P.O.,
THRISSUR-680303
2
UNITED INDIA INSURANCE COMPANY LTD.,
BRANCH OFFICE , IRINJALAKUDA-680121.
3
M.A.THOMAS,
C/O.M.A.TITTO, MOYALAN HOUSE,
VARANTHARAPPALLY P.O., THRISSUR-680303
BY ADVS.
SRI.JOHN JOSEPH VETTIKAD
SRI.C.JOSEPH JOHNY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
02.07.2019, ALONG WITH MACA.485/2017, MACA.467/2017,
MACA.2592/2008, MACA.2591/2008, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A.Nos.2591/2008 & con.cases
-4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941
M.A.C.A.No.467 of 2017
AGAINST THE AWARD IN O.P.(MV)NO.330/2001 DATED 7.11.2007 ON THE
FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
MILANA, D/O.VALSAMMA CHACKO, AGED 26 YEARS,
PUTHUPPALLIYIL HOUSE, KULIRAMUTTY P.O.,
KOODARANHI, KOZHIKODE DISTRICT.
BY ADVS.
SRI.A.N.SANTHOSH
SRI.GEORGE MECHERIL
RESPONDENTS/RESPONDENTS:
1
M.A.TITTO, S/O.ANTONY, MOYALAN HOUSE,
VARANTHARAPPALLY P.O., THRISSUR-680303.
2
UNITED INDIA INSURANCE COMPANY LTD.,
BRANCH OFFICE, IRINJALAKUDA-680121.
3
M.A.THOMAS,
C/O.M.A.TITTO, MOYALAN HOUSE,
VARANTHARAPPALLY P.O., THRISSUR-680303.
BY ADVS.
SRI.JOSHY THANNICKAMATTAM
SRI.JOHN JOSEPH VETTIKAD
SRI.C.JOSEPH JOHNY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
02.07.2019, ALONG WITH MACA.485/2017, MACA.455/2017,
MACA.2592/2008, MACA.2591/2008, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A.Nos.2591/2008 & con.cases
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941
M.A.C.A.No.485 of 2017
AGAINST THE AWARD IN O.P.(MV)NO.354/2001 DATED 07-11-2007 ON THE
FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER:
VALSAMMA CHACKO,
W/O.CHACKO, PUTHUPPALLILYIL HOUSE,
KULIRAMUTTY P.O.,KOODARANHI, KOZHIKODE DISTRICT
BY ADV. SRI.A.N.SANTHOSH
RESPONDENT/S:
1
M.A.TITTO
S/O.ANTONY, MOYALAN HOUSE,
VARANTHARAPPALLY P.O., THRISSUR-680303
2
UNITED INDIA INSURANCE COMPANY LTD.,
BRANCH OFFICE, IRINJALAKUDA-680121
3
M.A.THOMAS,
C/O.M.A.TITTO, MOYALAN HOUSE, VARANTHARAPPALLY
P.O.,THRISSUR-680303
BY ADVS.
SRI.JOHN JOSEPH VETTIKAD
SRI.C.JOSEPH JOHNY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
02.07.2019, ALONG WITH MACA.467/2017, MACA.455/2017,
MACA.2592/2008, MACA.2591/2008, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A.Nos.2591/2008 & con.cases
-6-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941
M.A.C.A.No.2592 of 2008
AGAINST THE COMMON AWARD IN O.P.(MV)NO.2465/2001 ON THE FILE OF
THE MOTOR ACCIDENTS CLAIMS TRIBUNAL ,KOZHIKODE DATED 07-11-2007
APPELLANTS/PETITIONERS:
1
VALSAMMA CHACKO,
W/O.LATE CHACKO GEORGE, PUTHUPPALLIYIL HOUSE,
P.O.KULIRAMUTTY, KOODARANHI, KOZHIKODE.
2
MILANA (MINOR),
REPRESENTED BY MOTHER VALSAMMA GEORGE.
3
GEORGE, S/O.KURIAKOSE, PUTHUPPALLIYIL
HOUSE, P.O.KULIRAMUTTY, KOODARANHI, KOZHIKODE.
4
ANNAMMA, W/O.GEORGE PUTHUPPALLIYIL
HOUSE, P.O.KULIRAMUTTY, KOODARANHI, KOZHIKODE.
BY ADVS.
SRI.V.C.JAMES
SRI.GEORGE MECHERIL
RESPONDENTS/RESPONDENTS:
1
M.A.TITTO, S/O ANTONY, MOYALAN HOUSE,
P.O.VARANDRAPPALLI, THRISSUR.
2
UNITED INDIA ASSURANCE CO.LTD.,
BRANCH OFFICE, SEEMA TOWER, MAVOOR ROAD,KOZHIKODE
3
M.A THOMAS, C/O.M.A.TITTO, MOYALAN HOUSE,
P.O. VARANDRAPPALLI,THRISSUR.
M.A.C.A.Nos.2591/2008 & con.cases
-7-
BY ADV.
SRI.JOHN JOSEPH VETTIKKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
02.07.2019, ALONG WITH MACA.485/2017, MACA.467/2017,
MACA.455/2017, MACA.2591/2008, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A.Nos.2591/2008 & con.cases
-8-
P.B. SURESH KUMAR, J.
------------------------------------------
M.A.C.A. Nos.2591/2008, 2592/2008
&
467/2017, 485/2017 and 455/2017
------------------------------------------
Dated this the 2nd day of July, 2019.
On 19.08.2000, one Chacko George was travelling from
Ernakulam to Kozhikode with his wife and two minor children in a
car owned by him. In the course of the journey, at Thalor in
Thrissur district, the car collided with a bus which was coming from
the opposite direction. Chacko George, one of his children and the
driver of the car died and others sustained injuries in the
occurrence. The car was also damaged extensively. The wife, the
surviving child of Chacko George and the parents of Chacko
George, thereupon instituted collectively and individually five
proceedings for compensation before the Motor Accidents Claims
Tribunal. One for the loss caused to them on account of the death of
Chacko George, one for the loss caused to them on account of the
death of the minor child, one for the damage caused to the car
in the accident and the remaining for the injuries caused to them
-9-
in the accident. Compensation was claimed in the proceedings from
the owner, driver and insurer of the bus alleging that the accident
occurred on account of the negligence of the driver of the bus. The
insurer of the bus contested the proceedings contending, among
others, that the accident occurred on account of the negligence of
the driver of the car and they are, therefore, not liable to compensate
the claimants. The Tribunal accepted the case put forward by the
insurer of the bus and dismissed the claim petitions by a common
award. The wife, the surviving child of Chacko George and the
parents of Chacko George are aggrieved by the decision of the
Tribunal in the claim petitions and they have therefore instituted
these appeals collectively and individually.
2.
Heard the learned counsel for the appellants as also
the learned counsel for the insurer of the bus involved in the
accident.
3.
The learned counsel for the appellants
strenuously contended that the accident occurred on account of the
negligence of the driver of the bus and the finding to the contrary
rendered by the Tribunal is unsustainable. It was submitted by the
learned counsel that in the case registered in connection with the
accident at the instance of the owner of the bus, the police came
to the conclusion that the accident occurred on account of the
-10-
negligence of the driver of the car and it is in the light of the said
conclusion arrived at by the police that the Tribunal has accepted the
case put forward by the insurer of the bus. It was contended by the
learned counsel that in a case of this nature, the Tribunal should have
decided the question of negligence independent of the police
investigation. It was pointed out by the counsel that the wife of
Chacko George who was an eyewitness to the occurrence has
deposed before the Tribunal as PW1 that the accident occurred on
account of the negligence of the driver of the bus, and the conclusion
arrived at by Tribunal is without having regard to the said evidence.
The essence of the submissions made by the learned counsel,
therefore, was that the Tribunal ought to have held, based on the
evidence of PW1, that the accident occurred on account of the
negligence of the driver of the bus. It was also contended by the
learned counsel alternatively that the Tribunal should have, at any
rate, found that the drivers of both vehicles have contributed to the
cause of the accident. According to the learned counsel, had that
been the finding, it would have been a case of composite negligence
and in that event, the victims of accident are entitled to claim
compensation from the insurer of the bus as well. The learned
counsel for the appellants concluded his submissions praying that in
the event this court affirms the finding rendered by the Tribunal that
-11-
the accident occurred on account of the negligence of the driver of
the car, having regard to the object of the statutory provisions, the
matters may be re
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