Reliance General Insurance Co. ... vs Ratheesh
2021 Latest Caselaw 13391 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                         MACA NO. 397 OF 2012
  AGAINST THE AWARD DATED 14.12.11 IN OPMV NO.538/2011 OF MOTOR
                  ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT:

             RELIANCE GENERAL INSURANCE CO. LTD.
             KOZHIKODE, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL
             OFFICE, ERNAKULAM.

             BY ADV SRI.GEORGE CHERIAN (THIRUVALLA)



RESPONDENTS:

    1        RATHEESH
             AGED 35 YEARS
             S/O DAMODHARAN NAIR, 1141, PARATHAPOYIL HOUSE,
             VENNAKKODU P.O., CHATHAMANGALAM, KOZHIKODE.

    2        NIVED (MINOR)
             AGED:2-1/2 YEARS, DATE OF BIRTH: 28.05.2008 REP. BY HIS
             FATHER RATHEESH, BOTH ARE RESIDING AT 1141,
             PARATHAPOYIL HOUSE, VENNAKKODU P.O., CHATHAMANGALAM,
             KOZHIKODE-673 003.

    3        SIVADASAN NAIR,
             AGED 58 YEARS,
             S/O RAGHAVAN ADIYODI, RESIDING AT : 194 A,
             MANIYHANCHERI P.O. THALAKKULATHOOR, KOZHIKODE-673 028.

    4        RADHA
             W/O. SIVADASAN NAIR, RESIDING AT : 194 A, MANIYANCHERI
             P.O., THALAKKULATHOOR, KOZHIKODE - 673 028.

             BY ADV SMT.K.V.RESHMI



THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  A. BADHARUDEEN, J.
                     -----------------------------------------------------
                               M.A.C.A No.397 of 2012-C
                      ----------------------------------------------------
                          Dated this the 28th day of June, 2021

                                    JUDGMENT

This appeal arises out of award dated 14.12.2011 in O.P(MV).No.538 of 2011

on the file of the Motor Accidents Claims Tribunal, Kozhikode at the instance of the

original 3rd respondent Reliance General Insurance Company Limited. The original

petitioners and other respondents were arrayed as respondents in this appeal.

2. The parties in this appeal will be referred as to their status before the

Tribunal.

3. The original petitioners filed application under Section 166 of the Motor

Vehicles Act and claimed Rs.8 lakhs as compensation in consequence to the death of

one Ranjini in a Motor Vehicle mishap on 23.05.2010.

4. The Tribunal considered the matter on merits after adducing evidence

and granted compensation amounting to Rs.5,07,400/- as against the claim of Rs.8

lakhs.

5. The Insurance Company, which is aggrieved by the quantum of

compensation granted by the Tribunal, is before this Court.

6. When the matter was heard, the learned counsel for the insurance

company submitted that in view of the latest rulings of the Honourable Supreme

Court, the compensation awarded under various heads under challenge would not

sustain. In view of the matter, the learned counsel could not justify the contentions

raised in the appeal.

7. I have perused the award and I could find that a reasonable award was

passed by the Tribunal and it could not be held as excess on any appreciation. In

view of the matter, there is no reason to interfere with the impugned award and as

such the award passed by the Tribunal is liable to be confirmed.

In the result, the appeal is dismissed with no costs.

Sd/- (A. BADHARUDEEN, JUDGE) rtr/