IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 MACA.No. 180 of 2006 ---------------------- AGAINST THE AWARD DATED 15/09/2003 IN OP(MV).88/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI AND INTERIM AWARD IN I.A 6304 OF 2003 DATED 15.09.2003 .................... APPELLANT: PETITIONER / 4TH RESPONDENT ------------------------------------ NATIONAL INSURANCE CO. LTD., NOW REP. BY ITS ASS.T MANAGER, REGIONAL OFFICE, AJAI VIHAR, KOCHI-16. BY ADV. MR. MATHEWS JACOB, SENIOR ADVOCATE RESPONDENT / PETITIONER ----------------------------------------- 1. T.K.MUSTHAFA, S/O.KUNHIMOHAMMED @ BAPPU, THONIKKADAVAN HOUSE, MANJERI ROAD, VANDOOR.P.O. **2. THE NEW INDIA ASSURANCE COMPANY LIMITED, MALAPPURAM P.O. ** ADDITIONAL R2 IS IMPLEADED AS PER ORDER DATED 07.09.2009 IN I.A. 371/2006 R1 BY ADV. MR. ESM.KABEER MR. ABDUL MAJEED.N R2 BY ADV. MR. THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON JJ. ~~~~~~~~~~~~~~~~~~~~~ MACA No. 180 of 2006 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 7th day of September, 2009 JUDGMENT Ramachandra Menon, J. The Maruthi car bearing No. KL 10 D 927 driven by the respondent herein and the Ambassidor car bearing No. KL 10 B 820, which was coming from opposite side collied with each other on 30.6.97, causing serious injuries to the respondent and damage to the Maruthi car, which led to two separate claims as OP(MV) 88 of 1998 and OP(MV) 2109 of 1997 respectively. 2. During pendency of the proceedings, the Tribunal, taking note of the facts and circumstances, passed an Interim Award on 5.11.03 in IA 6304 of 2003, whereby the appellant/additional 4th respondent before the Tribunal (Insurer of the Maruthi car) was directed to pay a sum of Rs. 25,000/- with interest in respect of the permanent disability stated as caused to the claimant. Finally, on conclusion of the trial, the Tribunal arrived at a clear finding that the accident was occurred only because of the rash and negligent driving by the claimant himself and hence that he was not entitled to get any amount as compensation, either for the injuries sustained by him or for the damage stated as MACA No. 180 of 2006 : 2 : caused to the vehicle and accordingly, both the claim petitions were dismissed. It remains a fact that, the claimant has not chosen to file any appeal challenging the above verdicts. 3. The Insurer of the Maruthi car, owned and driven by the claimant, has approached this Court stating that, while passing Final Award, the Tribunal has not mentioned anything regarding the Interim Award, whereby the liability to satisfy a sum of Rs. 25,000/ was mulcted on the Insurer. It is also pointed out that, no execution proceeding is liable to be entertained, in view of the fact that there is no cause of action for the claimant, who sustained injuries only because of his own wrongful act, submits the learned senior counsel appearing for the Insurer. 4. It is very much brought to light that the specific finding rendered by the Tribunal that the accident was occurred only because of the negligent act of the claimant stands in tact, in so far as same has not been subjected to challenge. The Interim Award has already got merged with the Final Award; whereby it is held that the claimant is not entitled to get any amount as compensation. This being the position, the Interim Award dated 15.11.2003 passed by the Tribunal in I.A. 6304 of 2003 has already lost its significance and it is hereby declared that MACA No. 180 of 2006 : 3 : same is not executable. The appeal is disposed of confirming the Award passed by the Tribunal in all other respects. P.R. RAMAN, JUDGE P. R. RAMACHANDRA MENON, JUDGE kmd