IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 122 of 2008(C) ----------------------------------- O.P(MV).NO.324/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM. .................... APPELLANT/2ND RESPONDENT: ----------------------------------------------- K.SREEKUMAR, S/O. KESAVAN NADAR, BIJU BHAVAN, NEAR PARAKKONAM C.S.I.CHURCH, MYLAM, CHERIYAKONNI P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR. RESPONDENTS/ APPLICANT & RESPONDENTS 1 & 3: ---------------------------------------------------------------------------- 1. P.PARAMESWARAN NAIR, REKHA BHAVAN, TC 16/810, NEAR JAGATHY U.P.S., JAGATHY, THIRUVANANTHAPURAM. 2. K.M.ASOK KUMAR, S/O. MADHAVAN, TC 10/2183, KANJIRAMPARA, THIRUVANANTHAPURAM. 3. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE NO.II, ST.MARY VILLA, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. R3. BY ADV. SRI.MATHEWS JACOB (SR.), ADV. SRI.P.JACOB MATHEW, R1. BY SRI.PIRAPPANCODE V.S.SUDHIR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA No.122 OF 2008 ===================== Dated this the 21st day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV)No.324 of 2001. The claimant has been awarded a sum of Rs.18,250/- with 9% interest from 7.3.2001. The insurance company has been directed to pay the amount and get it reimbursed from respondents 1 and 2 jointly and severally. In fairness, learned counsel for the appellant submits before me that his client has become the owner-cum-driver of the vehicle on the date of accident. So whatever amount is ordered is only to be recovered from him. 2. After hearing the counsel on both sides, I suggested to the counsel appearing for all that whether the case can be disposed of on the ground that the appellant shall deposit the amount which is paid by the insurance company to the claimant. There was some reservation for the counsel for the insurance company. It is a settled position that there can be no direction in the award for payment of interest by the owner and driver to the insurance company. So, the insurance company is only entitled to realise MACA 122/2008 -:2:- the amount which they have paid. Therefore a direction can be given to the appellant herein to pay the amount which the insurance company has paid as compensation to the claimant inclusive of interest. There is already a deposit of Rs.18,250/- before the Tribunal. The appeal is disposed of as follows:(1) The insurance company is permitted to withdraw the amount of Rs.18,250/- which is lying in court deposit as deposited by the appellant herein.(2) The appellant shall deposit the balance amount, i.e. the balance that is due to the insurance company which they have deposited in satisfaction of the award within 3 months.(3) No recovery proceedings shall be initiated against the appellant for a period of 3 months. M.N.KRISHNAN, JUDGE Cdp/-