IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 OP (MACT).No. 3787 of 2011(O) ------------------------------------- OPMV.708/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... PETITIONER: ---------------- KANNOTH SREEDHARAN, S/O.C.P. KARUNAKARAN, PUZHAVELICHAM.P.O, PORORA, MATTANNUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): -------------------- ORIENTAL INSURANCE CO. LTD., SOUTH BAZAR, KANNUR, PIN - 670 001. BY ADV. SRI. GEORGE CHERIAN, THIRUVALLA THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(MAC). NO. 3787/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AWARD DATED 24/05/2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY IN OP (MV) 708/2003. P2: COPY OF THE PETITION IN I.A 5783/2010 FILED BY THE RESPONDENT. P3: COPY OF THE AFFIDAVIT FILED IN SUPPORT OF I.A 1369/2011 DATED 16/03/2011. P3(A):COPY OF THE PETITION IN I.A 1369/2011 DATED 16/03/2011 P4: COPY OF THE ORDER DATED 02/04/2011 IN I.A. 1369/2011 IN I.A NO. 5783/2010 IN OP(MV) 708/2003 DISMISSED BY THE TRIBUNAL AND ITS TYPED COPY RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs P.N.RAVINDRAN, J. ----------------------------------------- O.P(MAC).No.3787 of 2011 ----------------------------------------- Dated this the 22nd day of November, 2011 JUDGMENT The petitioner is the second respondent in O.P.(MV)No.708 of 2003 on the file of the Motor Accidents Claims Tribunal, Thalassery. The claimant was riding a motor bike which collided with the autorickshaw driven by the second respondent. While the claim petition was pending, the owner of the autorickshaw died and his wife was impleaded as the additional 4th respondent. The insurer of the autorickshaw, the respondent herein, contended that the petitioner herein, who was driving the autorickshaw, did not possess a valid licence and therefore, the insurer is not liable to indemnify the insured. By Ext.P1 award passed on 24.5.2010 the Motor Accidents Claims Tribunal held that the accident occurred as a result of the negligence of the claimant as well as the petitioner herein. The Motor Accidents Claims Tribunal held that the owner and driver of the autorickshaw are liable to pay only 50% of the amount awarded as compensation, namely one half of Rs.22,400/- together with interest @ 7.5% per annum from 18.6.2003 (the date of the O.P(MAC).No.3787 of 2011 -:2:- petition) till the date of realization. The Motor Accidents Claims Tribunal also held that as the petitioner herein did not possess a valid driving licence, the insurer is entitled to recover the amount paid by way of compensation from the petitioner, the driver of the vehicle as well as the 4th respondent, the legal heir of the owner of the vehicle. 2. Ext.P1 award has attained finality. Pursuant to the award, the insurer paid the sum of Rs.17,360/- as compensation to the claimant and thereafter filed I.A.No.5783 of 2010 (Ext.P2) for the issuance of a recovery certificate to the District Collector, Kannur, so as to enable it to recover the said sum from the petitioner and the wife of the claimant. On receipt of notice on that application the petitioner herein entered appearance and filed I.A.No.1369 of 2011 in I.A.No.5783 of 2010 in O.P.(MV) No.708 of 2003, after remitting one half of the sum of Rs.17,360/-. In that application he contended that as he is liable only to pay one half of the compensation payable jointly by the driver and the owner of the autorickshaw, the other half being payable by the owner, full satisfaction of the award as against him may be recorded. By order passed on 2.4.2011 the Motor Accidents Claims Tribunal dismissed I.A.No.1369 of 2011. Hence this original petition. 3. The main contention raised by the petitioner is that as O.P(MAC).No.3787 of 2011 -:3:- the owner and the driver are jointly and severally liable and the driver is liable to pay only one half of the compensation awarded, the owner being liable for the other half, as he has already remitted one half of the compensation payable by him and the owner, the award as against him stands satisfied. In my opinion on the terms of the award passed by the Motor Accidents Claims Tribunal the request made by the petitioner could not have been allowed. The operative portion of the award reads as follows:- “16. Issue No.3: In the result an award is assessed for Rs.22,400/- and an award is passed (being 50% of the amount) in favour of the petitioner for an amount of Rs.11,200/- (Rupees Eleven thousand and two hundred only) to be realized from respondents No.2 to 4 jointly and severally with interest @ 7.5% p.a., from the date of petition (18.06.2003) to the date of realization, to the award amount. Rupees 500/- is awarded towards the cost of this proceedings to be paid by the 3rd respondent. The 3rd respondent is directed to deposit the entire amount within one month, including the costs and interest in the name of the petitioner, before this Tribunal and the petitioner can withdraw the same. 17. The 3rd respondent is allowed to reimburse the award amount from respondent No.2 and supplemental respondent No.4, as per law.” As per the award the petitioner and the 4th respondent, who are O.P(MAC).No.3787 of 2011 -:4:- respectively the driver and the owner of the motor vehicle involved in the accident, are jointly and severally liable to pay the compensation awarded by the Tribunal. As the petitioner is jointly and severally liable along with the owner of the vehicle to pay 50% of the amount awarded as compensation, the petitioner cannot be heard to contend that he is liable to pay only one half of the amount payable by him and the owner as compensation. The Motor Accidents Claims Tribunal was therefore perfectly right in rejecting the application. I therefore find no grounds to entertain the original petition. It fails and is accordingly dismissed. The petitioner is however, granted three months time from today, to deposit the balance amount in order to satisfy the claim of the respondent. It will be open to the insurer to withdraw the sum of Rs.8680/- already deposited by the petitioner by making an appropriate application to the Motor Accidents Claims Tribunal. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P(MAC).No.3787 of 2011 ---------------------------- JUDGMENT 22nd November, 2011