Royal Sundaram Alliance ... vs Royal Sundaram Alliance ...
2021 Latest Caselaw 5277 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE T.R.RAVI

     FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                      MACA.No.839 OF 2016(F)

   AGAINST THE AWARD IN OPMV 471/2015 DATED 25-09-2015 OF MOTOR
               ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE


APPELLANT/2ND RESPONDENT:
             ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,
             NOW REPRESENTED BY THEIR ZONAL HEAD,
             SUBRAMANIAM BUILDING, CLUB HOUSE ROAD,
             ANNASALAI, CHENNAI - 600 002.
             BY ADVS.
             SRI.MATHEWS JACOB (SR.)
             SRI.P.JACOB MATHEW

RESPONDENTS/PETITIONERS:
          1  ABDUL RAZAK,S/O MUHAMMED, PUTHUKKUDI HOUSE,
             KUPPIVALAVU, NEDUVA, PARAPPANANGADI,
             MALAPPURAM-67 6320.
          2  MAIMUNA,W/O ABDUL RAZAK, PUTHUKKUDI HOUSE,
             KUPPIVALAVU, NEDUVA, PARAPPANANGADI,
             MALAPPURAM-67 6320.
          3  SHAMIATH, D/O ABDUL RAZAK, PUTHUKKUDI HOUSE,
             KUPPIVALAVU, NEDUVA, PARAPPANANGADI,
             MALAPPURAM-67 6320.
          4  SAHABI, W/O ABOOBACKER, PATTARAPPETTI, CHENGANI,
             KUNNAMANGALAM WEST P.O.,KANNAMANGALAM, MALAPPURAM-
             676320.
          5  SABNA, W/O MUHAMMED ZAKKEER,THARI, CHENDAPPURAY, ABDU
             RAHIMAN NAGAR, THIRURANGADI,
             MALAPPURAM-676320.
          6  SAHARIYA, W/O MUSTHAFA, THOTTUPADAM, FEROKE, CHUNGAM,
             KOZHIKODE-673320.
          7  SSAMSIYA, W/O SARAFUDHEEN, KORADAN HOUSE, MOONNIYUR
             P.O., MALAPPURAM-676 320.

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA.No.839 OF 2016

                                 2




                           JUDGMENT

Dated this the 12th day of February 2021

This appeal has been filed against the award dated

25.09.2015 in O.P.(MV) No.471 of 2015 of the Motor Accidents

Claims Tribunal, Kozhikode. The appellant is the insurer. When the

case was taken up today for hearing, the counsel for the appellant

submitted that a connected appeal arising out of the very same

matter, filed by the claimants as M.A.C.A No.3629/2016 has

already been allowed by this Court by judgment dated 09.08.2019,

enhancing the compensation awarded by the Tribunal by a sum of

Rs.3,56,400/- with consequential benefits.

In the light of the above submission, nothing survives in

this appeal and this appeal is dismissed. The judgment in M.A.C.A

No. 3629/2016 will apply in this appeal also. There will be no order

as to costs.

Sd/-

T.R.RAVI JUDGE

SMF