IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 MACA.No. 2003 of 2009() ----------------------- OPMV.560/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): 4TH RESPONDENT: ------------------------------------------------------ THE ORIENTAL INSURANCE CO. LTD., THIRUVALLA, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANT: --------------------------------------------- 1. SHAJI THOMAS, MADAPALLIL VEEDU, KADUVAKUZHY, CHENGAROOR P.O., MALLAPPALLY, PATHANAMTHITTA. 2. MANAGING DIRECTOR, KALPAKA TRANSPORT CO.LTD., Y.M.C.A. ROAD, CALICUT. 3. NEW INDIA ASSURANCE CO. LTD., NADUVAKKARA BRANCH, CALICUT. 4. V.N. SUKUMARAN NAIR, SREE SADAHANAM, CHENGAROOR P.O., MALLAPPALLY. R1 BY ADV. MR.LALGI P.THOMAS THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2316/2009 IN MACA NO.2003/2009 DISMISSED 01/02/2010 SD/-M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2003 OF 2009 ............................................. Dated this the 1st day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Pathanamthitta in OP(MV)No.560/2002. The Tribunal awarded a compensation of Rs.71,960/= and directed the Oriental Insurance Company, the insurer of the car, which was being driven by the claimant, to pay the amount. The accident had taken place on account of a collision between the car and a lorry. The lorry is insured by the New India Assurance Company. It is the second respondent in the claim petition. The learned counsel for the Oriental Insurance company would contend that the Tribunal had gone wrong in fixing the liability of the insurance company. The discussion made by the Tribunal would indicate that there was negligence on the part of the claimant. At the outset I may like to state that it was not at all necessary to enter into such a discussion when a claim is filed under Section 163 A of the Motor Vehicles Act. Question of negligence pales into insignificance. The tribunal further : 2 : M.A.C.A.No.2003 OF 2009 held that even if it is a self accident, by virtue of a Full Bench decision of this Court, the insurance company of the car is liable. Such discussions may not have to take effect at all when a petition is filed under Section 163 A with the other vehicle's owner as a respondent in the case. The question of self accident pales into insignificance in such a contingency. Self accident in normal case would be by a car or a bike which hit on the tree or so without the involvement of another vehicle. But, here it is not so and there was a vehicle admittedly namely in the form of a lorry. I think the proper decision should have been to make the insurance company of the lorry liable rather than that of the car. 2. Therefore I set aside the liability of the Oriental Insurance Company and find that the claimant is entitled to the amount awarded but to be realised from the insurance company of the lorry namely the New India Assurance Company. The appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2003 OF 2009 : 4 : M.A.C.A.No.2003 OF 2009