IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 MACA.No. 1425 of 2007() ----------------------- OPMV.591/2001 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT/SECOND RESPONDENT ------------------------------------------ THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., KOLLAM. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: PETITIONERS 1 TO 4 AND RESPONDENT 1 --------------------------------------------------- 1. SAJATHA SUDHEER, D/O. FATHIMA BEEVI, SANIJA MANZIL, PATHANDUMURI, ERAVIPURAM VILLAGE, THATTAMALA POST, KOLLAM. 2. SAJAD, S/O. SUDHEER, -DO- 3. SANIJA, D/O. SUDHEER, -DO- 4. SANAD, S/O. SUDHEER, OF -DO- MINOR, REPRESENTED BY MOTHER SAJITHA SUDHEER, THE FIRST RESPONDENT HEREIN. 5. A.SHAJAHAN, ATTUPUMPURATHU VEEDU, PANTHANDUMURI, THATTAMALA, KOLLAM. ADV. SRI.K.SUBASH CHANDRA BOSE FOR R1 TO 5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 3.8.2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. NO: 1425 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd Day of August, 2009. JUDGMENT K. M. Joseph J. The appellant is the 2nd respondent in a petition filed under Section 163A of the Motor Vehicles Act. The petition was filed by the respondents herein was respondents 1 to 4 against 5th respondent herein and the appellant. 2. We heard the learned counsel for the appellant and the learned counsel for the respondents 1 to 4. 3. Learned counsel for the appellant Insurance Company would contend that this is an application filed under Section 163A and this is a case where the deceased died as a result of injury in an accident which was caused by himself. Accordingly this matter is covered in favour of the judgment of M.A.C.A . NO: 1425 OF 2007 :2: Apex Court which was followed in this court as United India Insurance Co. Ltd., V. Vijayarajan (2009 (3) KLT 269). Going by this judgment, it is clear that this is also a case where the vehicle was belonging to the first respondent was driven by the deceased and the vehicle met with fatal accident. In view of the fact that we follow, we are of the view that the appeal allowed. Accordingly this appeal is allowed and the award is set aside. K. M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE dl/