IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 MFA.No. 1558 of 2001() ------------------------------- OPMV.408/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT: ------------------ O.R.HEMA, AGED 35, W/O. VIDYASAGAR, RESIDING AT THADATHILPARAMBIL HOUSE, MANJUMMAL, ELOOR. BY ADV. SRI.VIJAYAN MANNALY SRI.G.PADMAKUMAR RESPONDENTS: RESPONDENTS 1 TO 6. ----------------------- 1. V.M.NOUSHAD, S/O. MOIDU, NAZEEM, MANZIL, WEST VELIYATHNADU, ALUVA P.O. 2. SIVAN, S/O. KARUNAKARAN, KIZHAKKINIPURA HOUSE, VADAKKUMPURAM P.O., CHENDAMANGALAM VILLAGE. 3. THE ORIENTAL INSURANCE COMPANY LTD., KOCHI. 4. THE PRESIDENT, M/S. VYPIN BLOCK TRANSPORT ALLIED WORKERS CO- OEPRATIVE SOCIETY LTD., OCHANTHURUTH P.O. 5. MAJU, S/O. OTTIYACHAN, ERALIL HOUSE, NEAR NEELESWARAM TEMPLE, PATNAM, VADKKEKARA P.O. 6. THE UNITED INDIA INSUA CO. LTD., MUNICIPAL BUILDING, MAIN ROAD, N.PARAVUR. BY ADV. SRI.A.A.MOHAMMED NAZIR FOR R.6 SRI.MATHEWS JACOB (SR.) FOR R3 SRI.P.JACOB MATHEW FOR R3 SRI.DINESH MATHEW J.MURICKEN FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A. NO.1558/2001 ORDER ON CMP. NO. 9956/2001 IN MFA. NO.1558/2001 DISMISSED 30.07.2008 SD/- J.B.KOSHY, JUDGE, SD/- P.N.RAVINDRAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.F.A.NO.1558 OF 2001 (D) ----------------------------------- Dated this the 30th day of July, 2008 J U D G M E N T KOSHY,J. Appellant/claimant sustained injuries in an accident due to the collision of two vehicles and he claimed for compensation of Rs.1,30,000/-. According to the appellant, accident occurred due to the negligence of the 2nd and 5th respondents, drivers of both vehicles. That was accepted by the tribunal and negligence was apportioned equally between them. But since the 1st respondent owner of the vehicle was absent, she filed a memo to that effect that she is not prosecuting her claim against him. Accordingly, the tribunal found that 3rd respondent Insurance company which insured the vehicle is not liable as liability of the insured is only to be indemnified by the Insurance company. If the liability of the 1st respondent insured is dispensed with, the Insurance company is absolute to pay the amount. Balance 50% was ordered to be deposited by the Insurance company of the MFA.1558/01 2 other vehicle involved in the accident. The 50% of the amount came to Rs.19,000/- with 9% interest from the date of application till the passing of the award. As a result of the accident, there is only fracture of fibula. The accident occurred in 1995. Considering the nature of the injuries, we are of the opinion that just and reasonable compensation was awarded, and we see no ground to interfere with the findings of the tribunal, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO.1558 OF 2001 (D) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 30th July, 2008