IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 MACA.No. 544 of 2005() ---------------------- OPMV.110/1992 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT(S): APPELLANT/2ND RESPONDENT -------------------------------------- NARAYANAN, KATTAPARAMBIL HOUSE, MUTTOM P.O., HARIPPAD. (DIED) ADDL. APPELLANTS: 2. SREEDEVI, AGED 43, W/O.NARAYANAN, KATTUPARAMBIL, MUTTOM P.O., HARIPAD. 3. SREENATH, AGED 21, S/O.NARAYANAN, .DO. .DO. 4. REGHUNATH, AGED 17, MINOR, REP. BY MOTHER SREEDEVI, KATTUPARAMBIL, MUTTOM P.O., HARIPAD. (L.RS. OF THE DECEASED APPELLANT ARE IMPLEADED AS ADDL. APPELLANTS 2 TO 4 VIDE ORDER DT.27.11.2006 IN I.A. NO.989/2006.) BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.SREELEKHA PUTHALATH SRI.A.R.DILEEP RESPONDENT(S): PETITIONERS AND RESPONDENTS 1 AND 3 -------------------------------------------------- 1. L.CHELLAMMA, ONPATHU THAIPPARAMBIL, TC SADANAM, KARUVATTA VADAKKUM MURI, KARUVATTA, ALAPPUZHA. 2. PRASANNAN OF DO. DO. 3. PRASAD OF DO. DO. DO. 4. PRAKASH OF DO. DO. DO. 5. JOY S/O. GEORGE, VADAYAKKATHU KANDATHIL KARICHAL MURI, VEEYAPURAM VILLAGE. 6. THE NATIONAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE, THIRUVALLA. ADV. SRI.A.SHAFEEK FOR R1,3& 4 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R6 SRI.P.JACOB MATHEW FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.544 of 2005 & C.M. Appl. No.797 of 2005 .................................................................... Dated this the 5th day of February, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed with an inordinate delay of around 12 years. While hearing the delay condonation petition, we have heard the case on merits. The grievance of the appellant is against fixation of liability of the Insurance Company at Rs.50,000/- which was the limit for third party coverage under the Insurance Policy under the old Act. Appellant has filed the appeal claiming that under the comprehensive policy, coverage is not limited to any amount. However, Senior Counsel appearing for the Insurance Company pointed out that the issue is settled against the appellant by decision of Supreme Court in SULTAN V. GANESH (AIR 1988 SC 716). We are not satisfied about the correctness of the grounds raised in support of the delay 2 condonation petition and on the merits of the appeal as well. We, therefore, dismiss the delay condonation petition and consequently the appeal. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms