Kerala High Court
Josemon @ Joseph Through The Power ... vs Sajayan on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Wednesday, the 3rd day of November 2021 / 12th Karthika, 1943
IA.NO.1/2021 IN MACA NO. 2703 OF 2012
OP(M.V) 645/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA.
PETITIONER/APPELLANT
1. JOSEMON @ JOSEPH, S/O.PADAMMATTUMMAL THOMAS, THURUTHIPURAM,
PUTHENVELIKKARA, PARAVUR TALUK, ERNAKULAM DISTRICT, REPRESENTED BY
THE POWER OF ATTORNEY HOLDER THOMAS, S/O.OUSU PADAMMATTUMMAL HOUSE,
THURUTHIPURAM, PUTHENVELIKKARA, PARAVUR TALUK, ERNAKULAM DISTRICT.
RESPONDENTS/RESPONDENTS
1. SAJAYAN, S/O. KUTTAN, 7/128, GURUVILASOM,IRINJALAKUDA VILLAGE,
IRINJALAKUDA, POST 686 502.
2. THE MANAGER, NEW INDIA ASSURANCE CO. LTD., MAIN ROAD,
IRINJALKUDA, 686 502.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order to
return the copy of the power of attorney produced in OPMV 645/2006 before
the Motor Accident Claims Tribunal, Irinjalakuda.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 11/10/2021 and upon hearing the arguments of SRI.T.N.MANOJ, Advocate
for the applicant and M/S.RENJITH THAMPAN & P.R.REENA, Advocates for the
Respondent No.1 and of M/S.THOMAS MATHEW NELLIMOOTTIL & RENIL ANTO
KANDAMKULATHY, Advocates for the Respondent No.2, the Court passed the
following:
p.t.o
C.S.DIAS, J.
======================
MACA No.2703 of 2012
======================
Dated this the 3rd day of November, 2021.
ORDER
IA 1/2021
The application is filed to direct the Registry to return
the copy of the power of attorney to the petitioner.
2. The learned counsel appearing for the petitioner
has stated in the affidavit filed in support of the application
that the appeal was filed by the power of attorney holder of
the petitioner. As the petitioner is employed abroad, the
petitioner requires a copy of the power of attorney to enable
his agent to realise the enhanced compensation from the
Tribunal. Therefore, the copy of the power of attorney
produced with the appeal may be returned.
3. Heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the second
respondent.
4. It is seen from the office notes that the lower court
MACA No.2703 of 2012
records were called by this Court and the same is with the
Registry. In the above circumstances, I direct the Registry
to return the original power of attorney to the counsel for
the petitioner on condition that he substitutes the same
with a certified copy. Thereafter, the Registry is directed to
return the original power of attorney, in accordance with
law.
IA 2/2021
The application is filed to clarify in the judgment dated
11.10.2021 passed in the appeal, that the petitioner is
entitled to recover the enhanced compensation from the
first respondent.
2. The petitioner has stated in the affidavit filed in
support of the application that, the Tribunal in the
impugned award had permitted the petitioner to recover the
compensation amount from the second respondent in the
application, as there was violation of the policy conditions.
Even though this Court had enhanced the compensation
amount and directed the petitioner to pay the enhanced
MACA No.2703 of 2012
compensation, this Court has not granted recovery rights
to the petitioner to recover the enhanced compensation
amount.
3. Heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the
respondents.
4. In view of the fact that the Tribunal has in the
operative portion of the impugned award granted the
petitioner the right to recover the compensation amount
from the second respondent, as there was a violation of the
insurance policy conditions, I hold that the petitioner is
entitled to the same right to pay the compensation amount
to the first respondent and then recover the compensation
amount from the second respondent. This order shall be
read in conjunction with the judgment dated 11.10.2021 in
MACA 2703/2012.
sd/-
sks/3.11.2021 C.S.DIAS, JUDGE
03-11-2021 /True Copy/ Assistant Registrar
