IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 498 of 2003(B) ---------------------- OPMV.837/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT/PETITIONER --------------------------------- KAMALAM, W/O. CATTOO, BHAGAVATHI PARAMBIL, CHIRAKKAKAM KARA, VARAPUZHA P.O., ERNAKULAM DISTRICT. BY ADV. SRI.DILIP J. AKKARA SRI.RUPESH V.R. RESPONDENTS: RESPONDENTS ------------------------------------ 1. SHAJI, S/O. NARAYANAN, KATHANANPARAMBIL PUTHENVELIKKARA KARA, PUTHENVELIKKARA P.O. ERNAKULAM DISTRICT. 2. RAMAPISHARADY, MADASSERY PISHARAM, PUTHENVELI P.O., ERNAKULAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, MAHESWAN BULDING, M.G.ROAD, THRISSUR - 1. 4. RAVICHANDRAN, S/O. VELAYUDHAN, KOONAMCHALIL HOUSE, PIZHALA KARA, P.O.PIZHALA, KADAMAKUTY VILLAGE, ERNAKULAM DISTRICT, COCHIN-27. 5. UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, NO.III, SHARANYA, HOSPITAL ROAD, ERANAKULAM, COCHIN. BY ADV. SMT.RENJU SEBASTIAN FOR R4 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 SRI.P.N.SANTHOSH FOR R2 SMT.K.P.GEETHA MANI FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 498 OF 2003 = = = = = = = = = = = = = = = Dated this the 27th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)837/99. The claimant was a passenger in an auto rickshaw, sustained injuries in a road accident when a bus hit against the auto rickshaw. The Tribunal found that the accident had taken place on account of the negligence of the bus driver. The injuries sustained are on the right shoulder, right elbow, left hand and other parts of the body. She was treated as an inpatient in the hospital for four days and taking note of the nature of injuries and fixing her income at Rs.1,500/-, the Tribunal awarded a compensation of Rs.9,850/-. It has been well considered in paragraph 7 of the award. It is just and reasonable amount and therefore the quantum does not call for any interference. The Tribunal has totally exonerated the insurance company from the liability. So far as the claimant is M.A.C.A. 498 OF 2003 -:2:- concerned she is a third party and when there is a breach of policy condition the amount has to be paid by the insurance company and get it reimbursed from the owner and driver. Therefore I modify the award to the extend that the amount as ordered by the Tribunal has to be paid by the insurance company and later recover it from respondents 1 and 2 jointly by execution of the very same award. The cost incurred for publication before this Court be realised from the owner and driver of the vehicle. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-