IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : HONOURABLE MR.JUSTICE V.GIRI TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 33915 of 2008(K) -------------------------- OPMV.1927/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... PETITIONER: --------------- M/S.NEW INDIA ASSURANCE COMPANY LTD, BRANCH OFFICE, D.B.KOHNA BUILDING, 5TH MAIN ROAD, WILLINGTON ISLAND, KOCHI-03. REPRESENTED BY ITS MANAGER. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS: ----------------- 1. SARASAMMA, NADUVILEZHATHU HOUSE, NEAR BOYS HIGH SCHOOL, CHERTHALA P.O., ALAPPUZHA DISTRICT. 2. THE PARTNER, N.T.A. TRANSPORTS, WILLINGTON ISLAND, KOCHI - 03. 3. C.R.JAYESH, S/O.RAMACHANDRAN, AMBIKAVILASAM HOUSE, BEHIND RAMESHWARAM TEMPLE, KARUVELIPPADY, COCHIN-05, NOW R/AT C/O.JAYARAJ, KARINATTU HOUSE, NEAR KANNAN JUICE HOUSE, KARUVELIPPADY, KOCHI-05. 4. SUNILKUMAR, S/O.SUKUMARAN NAIR, NADUVILEZHATHU HOUSE, NEAR BOYS HIGH SCHOOL, CHERTHALA P.O. ALAPPUZHA DISTRICT. 5. LISSY SUKUMARAN NAIR @ MARIAMMA, W/O.LATE K.SUKUMARAN NAIR, NADUVILEZHATHU HOUSE, MANJUMMEL PO. CONVENT JUNCTION, KOTTAKUNNU, ERNAKULAM DISTRICT. WP(C).No. 33915 of 2008(K) 6. SHERY.S.KURIEN, S/O.LATE K.SUKUMARAN NAIR, NADUVILEZHATHU HOUSE, MANJUMMEL P.O., CONVENT JUNCTION, KOTTAKUNNU, ERNAKULAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.33915 of 2008 -------------------------- Dated this the 18th November, 2008 J U D G M E N T Seeking compensation on account of the death of one Sukumaran Nair, Head Constable in the Railway Protection Force, the 1st respondent herein the mother, the 4th respondent, the son of the deceased claiming to be the surviving legal heirs of the deceased Sukumaran Nair filed O.P (MV) No.1927/2002 before the Motor Accident Claims Tribunal. Alappuzha. This resulted in Exhibit P1 award. Petitioner is not aggrieved by Exhibit P1 to which it was a party as the Insurance Company. Thereafter, respondents 5 and 6 claiming to be the wife and son of the deceased Sukumaran Nair approached the Additional Motor Accident Claims Tribunal, Ernakulam with O.P. (MV) No.1706 of 2002 and the same is pending disposal. Petitioner has already appeared before the MACT Ernakulam and has brought Exhibit P1 award to the W.P ( C) No.33915 of 2008 2 notice of the Tribunal. In fact the petitioner sought for review of Exhibit P1 by preferring an appeal before the MACT Alappuzha. The same was disposed of under Exhibit P3 observing that the petitioner is entitled to bring the facts relating to Exhibit P1 to the notice of the MACT Ernakulam. 2. In my view, there is neither any ground for review nor any ground for challenging Exhibit P3. But the insurance company is entitled to take up the stand that there can only be one application claiming compensation on account of the death of a person arising out of an accident involving a vehicle insured with the petitioner Insurance Company. In other words, it is entitled to take up the stand that OP(MV) No.1706 of 2002 is not maintainable in view of Exhibit P1 award. In these circumstances, I am not inclined to consider the contentions of the petitioner on merits which is available to be urged before the MACT, Ernakulam. Petitioner is also entitled to make a suitable application before the MACT Alappuzha pointing out that there are two W.P ( C) No.33915 of 2008 3 other persons claiming to be legal heirs of the deceased Sukumaran Nair and seek appropriate conditions to be imposed while passing a cheque application which may be preferred by the petitioner in Exhibit-P1. (V.GIRI,JUDGE) ma W.P ( C) No.33915 of 2008 4 W.P ( C) No.33915 of 2008 5 W.P ( C) No.33915 of 2008 6