IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 MACA.No. 1956 of 2008() ----------------------- OPMV.848/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): APPELLANT/3RD RESPONDENT:- ---------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, 3RD PARTY WING, OMANA BUILDING, PADMA JUNCTION, KOCHI -35. BY ADVS. SRI.P.R.RAMACHANDRA MENON SMT.RAJI T.BHASKAR RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY: ------------------------------------------ 1. MURALI @ OMANAKUTTAN, AGED ABOUT 40 YEARS, S/O BHASKARA MENON, MURALI NIVAS, AROOR, ALAPPUZHA. 2. SIBI MATHEW, S/O K.J. MATHEW, KAVUPURAKKAL HOUSE, PURAPUZHA, THODUPUZHA. 3. BHUVANENDRAN, AGED ABOUT 48 YEARS, S/O BHASKARAN NAIR, 'SALABHAM' HOUSE, NEAR GOVERNMENT HIGH SCHOOL, EDAPPALLY. ADVS. SRI.SAIGI JACOB PALATTY FOR R2 SRI.ROJO J.THURUTHIPARA FOR R1 & R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.NO. 1956/2008 ORDER ON I.A.NO. 2333/2008 IN M.A.C.A.NO. 1956/2008 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 19.12.2008 /TRUE COPY/ P.A. TO JUDGE. M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 1956 OF 2008 --------------------------------- Dated this the 19th day of December, 2008 JUDGMENT This appeal is preferred by the Insurance Company against the award of the Motor Accident Claims Tribunal, N. Paravur in O.P.(MV) No.848/2003. The tribunal awarded a compensation of Rs. 49,750/-. The 3rd respondent was directed to deposit the amount even though the tribunal found that it was an Act only policy and no additional premium had been collected for the coverage of a pillion rider. So the Insurance Company has come up in appeal challenging the direction of the tribunal to deposit the amount and get it reimbursed from the owner. During the pendency of the appeal the matter has been settled between the claimant, owner and the driver of the vehicle and I.A. 3462/08 is filed. The said fact is recorded and as per the said petition the matter has been settled and the first respondent has received the amount and is satisfied about his claim and he does not require any further relief. When it is so, the Insurance Company need not have to deposit any amount and effectively by virtue of the compromise between owner, driver and the claimant, the Insurance Company M.A.C.A. 1956/2008 -2- stands exonerated from the liability. Therefore the M.A.C.A. is disposed of making it clear that the Insurance Company has no liability to pay any amount to the claimant and further if any amount is deposited by the Insurance Company it shall be reimbursed to the Insurance Company on appropriate application. The M.A.C.A is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm