IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 MACA.No. 1335 of 2004() ----------------------- OPMV.444/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, MANJERI NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, AJAY VIHAR, KOCHI-16. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENT(S): PETITIONER ------------------------- ISMAIL S/O MOHAMMED, KANDAMPADI HOUSE, KANDAMANGALAM P.O., MANNARKKAD TALUK. ADV. SRI.K.ABDUL JAWAD FOR R1 SRI.U.MUHAMMED MUSTHAFA FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1335 of 2004 .................................................................... Dated this the 30th day of October, 2008. JUDGMENT Ramachandran Nair, J. Appeal is filed by the Insurance Company challenging the award of compensation granted to the first respondent in a road accident involving two buses. Senior counsel appearing for the appellant contended that in connected case filed by the other parties under Section 166 of the Motor Vehicles Act, MACT found negligence on the respondent's side and awarded compensation in the case of that claim. If that be so, a claim under Section 163A by the respondent is not maintainable at all. This court has taken the view that a driver who causes accident on account of his negligence cannot make capital out his own wrong doing and so much so, he is not entitled to compensation under Section 163A. However, counsel for the respondent submitted that the compensation awarded was only around Rs.45,000/- and in the absence of stay, the amount would have been already released by the Insurance Company. Of course if the amount is 2 released, then it may not be worthy for the company to pursue the matter before the MACT again and to try to recover the amount from the respondent. However, if compensation is not fully released, there will be direction to the MACT to reconsider the matter in the light of award passed in the connected cases, details of which will be furnished by the appellant, and pass fresh orders after hearing both sides. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms