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 MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 MACA.No. 1120 of 2006() ----------------------- OPMV.284/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S)/3RD RESPONDENT: -------------------------------------- THE ORIENTAL INSURANCE CO.LTD., CALICUT, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) SRI.P.T.JUDY RESPONDENT(S)/CLAIMANTS 1 TO 6 & RESPONDENTS 1 & 2:-: --------------------------------------- 1. AMINA, AGED 55 YEARS, W/O.LATE MOIDEEN, PUTHAN MALIYAKKAL HOUSE, MARAKKARA AMSOM, KIZHUMURI DESOM, RANDATHANI, TIRUR TALUK. 2. KHADEEJA, AGED 26 YEARS, D/O.LATE MOIDEEN, PUTHAN MALIYAKKAL HOUSE, MARAKKARA AMSOM, KIZHUMURI DESOM, RANDATHANI, TIRUR TALUK. 3. SAFIYA, AGED 24 YEARS, D/O.LATE MOIDEEN, PUTHAN MALIYAKKAL HOUSE, MARAKKARA AMSOM, KIZHUMURI DESOM, RANDATHANI, TIRUR TALUK. 4. RAMLA, AGED 21 YEARS, D/O.LATE MOIDEEN, PUTHAN MALIYAKKAL HOUSE, MARAKKARA AMSOM KIZHUMURI DESOM, RANDATHANI, TIRUR TALUK. 5. SHAHIRA, AGED 19 YEARS, D/O.LATE MOIDEEN, PUTHAN MALIYAKKAL HOUSE, MARAKKARA AMSOM, KIZHUMURI DESOM, RANDATHANI, TIRUR TALUK. 6. POCKER, AGED 35 YEARS, S/O.LATE MOIDEEN, PUTHAN MALIYAKKAL HOUSE, MARAKKARA AMSOM, KIZHUMURI DESOM, RANDATHANI, TIRUR TALUK. (...2/-) MACA.1120/06 (2) 7. SURESH BABU, S/O.RARICHAN, KUNIYIL HOUSE, NEAR TELEPHONE EXCHANGE, ELATHUR, KOZHIKODE. 8. SHYJAN, S/O.BALAN, M.S.KICHU APPARELS, 3/583, IIND FLOOR, JOSE BUILDINGS, WAYANAD ROAD, P.O.NADAKKAVU, CALICUT-11. ADV. SRI.K.P.MUJEEB FOR R1 TO 6 SRI.K.M.FIROZ FOR R7 & 8 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. ----------------------------------- M.A.C.A. No.1120 of 2006 -------------------------------------- Dated this the 13th day of July, 2009 J U D G M E N T ---------------------- Ramachandran Nair,J. Appeal is filed by Insurance company against compensation awarded, for the reason that case is not an accident as projected by the claimants, but it is a case of clear murder. After initial hearing and after going through the award we also felt that this may be a case of deliberate act of the driver of the vehicle causing death of the daughter and sister of the claimants. Therefore we instructed the Director General of Prosecutions to collect information from the police. He has today appeared before this Court with records, read over the first information statement and submitted that the details of the incident is not as stated in the award. All what is stated by the person who had given the first information statement is that the vehicle after running over the deceased moved backward. However, none of the witnesses have stated that the vehicle has repeatedly run over the body of the deceased showing any deliberate intention on the part of the accused. The insurance company also did not MACA. 1120/2006 2 take up a case before the Motor Accidents Claims Tribunal that the case was one of murder as alleged by them in this appeal. Consequently there is no merit in the appeal and the same is accordingly dismissed. C.N.RAMACHANDRAN NAIR, JUDGE. C.K.ABDUL REHIM, JUDGE. okb