IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No.781 of 2003 ------------------------ OPMV.719/1992 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANTS/ADDL.RESPONDENTS 5 AND 6: -------------------------------------------------- 1. CLARA, ALUMKUZHI VEEDU, ELAVATTOM, PALODE P.O., NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. 2. TITUS, S/O. CLARA, ALUMKUZHI VEEDU, ELAVATTOM, PALODE P.O., NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. BY MR.J.HARIKUMAR, ADVOCATE. MR.HARIKUMAR.S, ADVOCATE. RESPONDENTS: APPLICANTS 1 TO 3 AND RESPONDENTS 2, 3 AND 4 RESPECTIVELY: ----------------------------------------------------------------------------- 1. YASODA, RESIDING AT KIZHAKKETHIL VEEDU, ANDOORKONAM, THIRUVANANTHAPURAM. 2. RAJAN, RESIDING AT KIZHAKKETHIL VEEDU, ANDOORKONAM, THIRUVANANTHAPURAM. 3. JOHNSON, RESIDING AT KIZHAKKETHIL VEEDU, ANDOORKONAM, THIRUVANANTHAPURAM. 4. BABU RAJAN, S/O. CHELLAPPAN PILLAI, MANAKKOTTU, MELEPUTHEN VEEDU, NETTA, NEDUMANGADU VILLAGE, THEKKUMKARA MURI. M.A.C.A. No.781/2003 ...2... 5. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, U.S.F.U.S. BUILDING, MAIN ROAD, PUNALOOR, KERALA STATE. 6. S.NAGAS, THENGUVILA PUTHEN VEEDU, NEDUMKUNNAM, PATHANAPURAM. BY MR.NAGARAJ NARAYANAN, ADVOCATE, FOR R1 TO R3 MR.SAIJO HASSAN, ADVOCATE, FOR R1 TO R3 MR.SABU SREEDHARAN, ADVOCATE, FOR R1 TO R3 MR.T.A.UNNIKRISHNAN, ADVOCATE, FOR R4 MR.K.SATHEESH KUMAR, ADVOCATE, FOR R4 MR.P.R.RAMACHANDRA MENON, ADVOCATE, FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. No.781/2003 Order on I.A.No.2885/2003 in M.A.C.A. No.781/2003 Dismissed. Sd/- Sd/- C.N. RAMACHANDRAN NAIR V.K. MOHANAN 13.08.2008 JUDGE JUDGE // True Copy // P.A. to Judge. smp C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ------------------------- M.A.C.A. No.781 of 2003 --------------------------------- Dated, this the 25th day of June, 2008 O R D E R Ramachandran Nair, J. It is seen that the death of one Philipose in a motor accident led to filing of two motor accident claim cases before the MACT, Attingal by two sets of wives and children of the deceased. The MACT awarded compensation to both sets of claimants. Thereafter, the matter reached this Court and on a remand by this Court, the MACT appears to have decided that only legally wedded wife and children are entitled to the compensation. However, in between, the other persons who claimed to be wife and children have already received the compensation under the first award. It is not known whether the insurance company will be able to recover the amount already paid or at least the released portion of the amount from the ineligible persons, to whom award amount was paid. It is obvious from this case that the insurance company acted totally irresponsibly in defending the case. We feel, an enquiry has to be conducted and disciplinary action should be taken against the person responsible for the lapses that led to loss to the insurance MACA No.781/03 -2- company. The Senior Divisional Manager, United India Insurance Company, who is in-charge of the Southern area will conduct enquiry, identify the person in-charge of the case and take appropriate disciplina action against him for allowing the two claims to be pursued before the MACT under the same policy which led to the awards. Learned counsel for the insurance company will forward a copy of the order to the Senior Divisional Manager to conduct enquiry and to file a report in this Court including the action taken against the person identified in the matter. Report should be filed within one month from today. Post on 28/07/2008. (C.N.RAMACHANDRAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) jg