IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 MFA.No. 342 of 2001() --------------------- OPMV.1206/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT:1ST RESPONDENT: ----------- TREASURER, CSI SOUTH KERALA DIOCESE, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ------------- 1. O.C. SALI, D/O. ALIYAMMA, SUJA BHAVAN, PERINGOTTUKONAM, PALLICHAL, NEMOM P.O., THIRUVANANTHAPURAM-20. 2. SAJAYAN ALIAS JAYAN, S/O.DAMODARAN, SASI SADANAM, DEVANCODE, MYLAKKARA, KALLIKKADU P.O., THIRUVANANTHAPURAM. 3. M/S. UNITED INDIA INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, CWC BUILDING, LMS COMPOUND, PALAYAM, THIRUVANANTHAPURAM. BY ADV. SRI.B.JAYASURYA SRI.THOMAS MATHEW NELLIMOOTTIL THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.342 of 2001 ------------------------------------------------ Dated this the 10th day of January, 2008 JUDGMENT Koshy, J: Appellant was the owner of a tempo van. A claim was filed by the first respondent contending that he suffered serious injuries due to the negligent driving of the tempo van by the 2nd respondent. The appellant filed written statement before the court contending that it may be a case of hit and run and the tempo wan owned by the appellant was not involved in any accident. Thereafter, the appellant did not prosecute the case and no further evidence was adduced in support of his contention. Claimants proved their case by adducing oral and documentary evidence. The Tribunal after considering the F.I.R. and other documents, as a finding of fact, held that appellant's vehicle was involved in the accident occurred due to rash and negligent driving of the 2nd respondent driver of the appellant. The insurance company took up the contention that 2nd respondent driver has no driving licence. This was accepted by the Tribunal and [MFA.342/01] 2 appellant was directed to deposit the amount as there was violation of policy conditions. Two persons suffered serious injuries in the same accident. Though there was two claims, in one case, appeal was not filed. Therefore, the finding that appellant's vehicle was involved in the accident and driver of the vehicle was not having valid driving licence has become final. However, we are of the view that 12% interest awarded is very high. Therefore, while we confirm the award of the Tribunal, we reduce the rate of interest from 12% to 9 %. With the above modification of the award, appeal is disposed of. SD/- J.B. KOSHY, JUDGE. SD/- K. HEMA, JUDGE. Krs. [MFA.342/01] 3 J.B. KOSHY & K. HEMA, JJ. ------------------------------------------------ M.F.A. No.342 of 2001 ------------------------------------------------ Dated this the 10th day of January, 2008 JUDGMENT