Kerala High Court
Sreemathy vs Hdfc Ergo General Insurance ... on 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
OP (MAC).No.34 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 2505/2015 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, ERNAKULAM
PETITIONER / PETITIONER:
SREEMATHY
AGED 62 YEARS
WIFE OF LATE P.R.GOKULDAS, RESIDING AT
PULITHARANIKATHIL, MULAVUKADU, ERNAKULAM-682 504
BY ADV. SMT.KOCHUMOL KODUVATH
RESPONDENT / RESPONDENT:
HDFC ERGO GENERAL INSURANCE COMPANY LTD
KUZHUPALLY JUNCTION, RAVIPURAM, ISSUING OFFICE 6TH
FLOOR, JEROME NAGAR, CHINNAKADA, KOLLAM-691 001
REP. BY ITS REGIONAL MANAGER
OTHER PRESENT:
SC,SRI.GEORGE A CHERIAN
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 25.03.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No.34 OF 2021
2
JUDGMENT
Dated this the 25th day of March 2021
The petitioner is the first claimant in OP(MV)
No.2505/2015 of the M.A.C.T., Ernakulam. The claim
was sought in relation to an accident occurred in
which her husband succumbed to the injuries. On
the basis of the evidence let in, the OP (MV) was
allowed and a total compensation of Rs.10,74,775/-
(Rupees Ten lakh seventy four thousand seven
hundred seventy five only) was ordered to be paid
with interest at the rate 9% per annum from the date
of petition till the date of realization. Out of that
amount Rs.5,00,000/- (Rupees Five lakh only) was
ordered to be realized to the petitioner and the
balance was directed to be deposited in ten equal
shares for varying periods.
2. Thereafter, the petitioner filed IA No.525 of
2020 claiming release of more amount stating that
OP (MAC).No.34 OF 2021
out of the amount ordered to be released as
Rs.5,00,000/-, she has actually incurred
Rs.4,17,775/- (Rupees Four lakh seventeen thousand
seven hundred seventy five only) it included
Rs.3,86,775/- (Rupees Three lakh eighty six
thousand seven hundred seventy five only) which
was covered by medical bills. Towards the
bystanders expenses Rs.16,000/- (Rupees Sixteen
thousand only), was allotted and Rs.15,000/-
(Rupees Fifteen thousand only) towards funeral
expenses. On this basis she sought for release of
more amount. This application was dismissed by the
learned Tribunal by a brief order stating that the
reasons pointed out in the application is not sufficient
to modify the condition. This is under challenge.
3. The facts disclose that the deceased was a
fisherman aged more than 65 years at the time of
accident. Evidently, her income could be limited. A
sum of Rs.4,17,775/- (Rupees Four lakh seventeen
OP (MAC).No.34 OF 2021
thousand seven hundred seventy five only) was
actually incurred by her as found by the Court. Being
a person belonging to the lower strata of the Society
and being a fisherman and in the absence of anything
on record to show that the petitioner has any other
source of income, definitely the medical expense
could have been incurred only be borrowing. It
seems that the learned Tribunal has not adverted to
this aspect. Having considered this, I feel that the
order of rejecting the application does not appear to
be justified and was without considering the realities.
4. Heard the learned Counsel for the petitioner
and Adv. George Cheriyan, the Senior Counsel for the
insurance company.
5. Having considered the entire facts, I am
inclined to set aside the impugned order directing the
Court below to pass fresh orders on IA No.525 of
2020, after giving an opportunity of being heard to
both sides, as expeditiously as possible, at any rate,
OP (MAC).No.34 OF 2021
within a period of one month from the date of receipt
of a copy of this judgment.
The Original Petition is disposed of accordingly.
Sd/-
SUNIL THOMAS
JUDGE
SKP/26-3
OP (MAC).No.34 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE AWARD DATED
17.1.2019 OF THE M.A.C.T. ERNAKULAM MADE IN
OP(MV)NO.2505 OF 2015
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE IA NO.525 OF
2020 IN OP (MV) NO.2505 OF 2015 FILED
BEFORE THE M.A.C.T. ERNAKULAM
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE ORDER DATED
18.12.2019 OF THE M.A.C.T. ERNAKULAM MADE
IN IA NO.525 OF 2020 IN OP(MV)NO.2505 OF
RESPONDENTS'S EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
