Kerala High Court

N.P.T.Mohammed And Another vs Thangadan Ameer Ali And Others on 8 September, 2021

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
        Wednesday, the 8th day of September 2021 / 17th Bhadra, 1943
                   IA.NO.1/2021 IN MACA NO. 2298 OF 2010
        OP(M.V) 459/2007 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR.
PETITIONERS/LR'S OF DECEASED 1ST APPELLANT

  1. FATHIMA BEEVI, AGED 56 YEARS, W/O. ABDUL LATHEEF, KARUVALLY HOUSE,
     THEKKUMURY P.O.,TIRUR, MANGATTIRI, MALAPPURAM DISTRICT, PIN- 676
     105.
  2. NAZAR HUSSAIN, S/O. LATE MOHAMMED, CHETHICKAL HOUSE, MURIVAZHIKKAL,
     PARUVANNA, VETTAM P.O, TIRUR, MALAPPURAM - 676 105.
  3. NASEEMA, AGED 41 YEARS, W/O. ABDUL SAMAD, PUTHIYANALAKATH HOUSE,
     THANOOR P.O., KALAD, MALAPPURAM - 676 302.
  4. SAHEERABI, AGED 40 YEARS, W/O. MUSTHAFA, PARAMMAL HOUSE,
     MURIVAZHIKKAL, PARAVANNA, MALAPPURAM DISTRICT - 676 502.
  5. RAHEENA, AGED 38 YEARS, W/O. SULAIMAN, KALLIYATH HOUSE, VETTAM,
     MURIVAZHIKKAL, PARAVANNA, MALAPPURAM - 676 502.
  6. INNAM REHAMAN, AGED 37 YEARS, S/O. LATE MOHAMMED, CHATHICKAL HOUSE,
     PARAVANNA, MURIVAZHIKKAL, MALAPPURAM DISTRICT - 676 502.

RESPONDENTS/RESPONDENTS

  1. THANGADAN AMEER ALI, S/O. ABDU, MAMBAD AMSOM, DESOM, MAMBAD P.O.,
     MALAPPURAM DISTRICT - 676 542.
  2. P.K.BIJU, S/O. BALASUBRAHMANIAN, MANAGING PARTNER, BROTHERS
     ROADWAYS, MUTTIPPALAM, ANAKAYAM P.O., MALAPPURAM- 676 509.
  3. ORIENTAL INSRUANCE CO.LTD., BRANCH CODE NO.7, UTHAMAN GANDHI SALAI,
     2ND FLOOR, ROSSY TOWERS, NOONGAMPAKKAM, CHENNAI, TAMIL NADU.
  4. NOUSHAD K.N., S/O. MOHAMMED IQUBAL, FAROOKH MANZIL, B.P.ANGADI
     P.O.,MALAPPURAM - 676 102.
  5. IQBAL, S/O. ALIKUTTY HAJI (LATE), FAROOK MANZIL, B.P.ANGADI
     P.O.,MALAPPURAM- 676 012.
  6. NEW INDIA ASSURANCE CO.LTD., THAZHEPPALAM, TIRUR, MALAPPURAM- 676
     101.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to implead   the
petitioners as additional appellants 3 to 8 in the above appeal.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of   SRI.P.CHANDRASEKHAR,       Advocate    for   the   applicants     and
  SRI.V.P.K.PANICKER, Advocate for the Respondent No.3 and of
SRI.N.S.MOHAMMED USMAN, Advocates for the Respondent No.6, the Court
passed the following:


                                                              p.t.o
                    ANIL K.NARENDRAN, J.
                  ------------------------------
                  M.A.C.A.No.2298 of 2010
               -----------------------------------
          Dated this the 8th day of September, 2021

                              ORDER

C.M.Appl.No.1 of 2021 & I.A.Nos.1 and 2 of 2021

M.A.C.A.No.2298 of 2010 is one filed by Sri.N.P.T.

Mohammed and Smt.Chattikkal Khadheeja, who are the claimants

in O.P.(MV)No.459 of 2007 on the file of the Motor Accidents

Claims Tribunal, Tirur, claiming compensation on account of the

death of their son, Mujeeb Rahiman, in a motor accident which

occurred on 07.05.2006, while he was travelling as pillion rider on

a motorcycle bearing registration No.KL-10/P-8053, ridden by the

4th respondent, owned by the 5th respondent and insured with the

6th respondent. The claim petition was filed before the Tribunal,

claiming a total compensation of Rs.10,00,000/- under various

heads. The Tribunal, by award dated 11.03.2010, awarded a total

compensation of Rs.2,41,000/- together with interest at the rate

7.5% per annum from the date of petition, till realisation, with

proportionate cost of Rs.5,000/-. The Tribunal directed the 3 rd and

6th respondent insurers to satisfy the award in the ratio 50:50.

The amount of compensation was ordered to be apportioned MACA No.2298 of 2010

among the claimants, as stated in the operative portion of that

award.

Dissatisfied with the quantum of compensation awarded by

the Tribunal, the appellants/claimants approached this Court in

M.A.C.A.No.2298 of 2010. By the judgment dated 26.02.2020,

that appeal was disposed of and the appellants/claimants were

found entitled for payment of an additional compensation of

Rs.7,01,100/- together with interest at the rate 8% per annum

from the date of petition till realisation. In the judgment, it was

ordered that the additional compensation granted in this appeal

shall be apportioned among the appellants in the ratio 60:40. In

view of the findings as to the question of negligence, the 3 rd

respondent insurer of the bus and the 6 th respondent insurer of

the motorcycle were directed to satisfy 50% each of the additional

compensation granted in this appeal together with interest. The

operative portion of the said judgment reads thus;

"In the result, the appellants/claimants are entitled for payment of an additional compensation of Rs.7,01,100/-

(Rupees Seven lakhs thousand one hundred only) MACA No.2298 of 2010

[(5,90,100 + 10,000 + 80,000 + 10,000 + 5,000 + 5,000 + 1,000)] in this appeal, which will carry interest at the rate of 8% per annum from the date of petition till realisation. The additional compensation granted in this appeal shall be apportioned among the appellants in the ratio 60:40. In view of the findings as to the question of negligence, the 3rd respondent insurer of the bus and the 6th respondent insurer of the motorcycle shall satisfy 50% each of additional compensation granted in this appeal together with interest, within a period of two months from the date of receipt of a certified copy of this judgment, after deducting the liability, if any, of the appellants/claimants towards Balance Court Fee and Legal Benefit Fund. The disbursement of additional compensation to the appellants/claimants shall be made taking note of the law on the point and in terms of the directives issued by this Court in Circular No.3 of 2019 dated 06.09.2019 and clarified further in Official Memorandum No.D1- 62475/2016 dated 07.11.2019. The appellants to provide their Bank account details (attested copy of the relevant page of the Bank Passbook having details of the Bank Account Number and IFSC Code of the branch) before the Tribunal, with copy to the learned Standing Counsel for the insurer, within one month from the date of receipt of a certified copy of this judgment."

2. The 1st appellant in M.A.C.A.No.2298 of 2010, namely, MACA No.2298 of 2010

N.P.T. Mohammed, died on 24.10.2018 much prior to the

judgment of this Court dated 26.02.2020, whereby that appeal

was disposed of as above. Later, the 2nd appellant, namely,

Chattikkal Khadheeja, also died on 10.10.2020. Now, the legal

heirs of the deceased appellants are before this Court in these

interlocutory applications/C.M.Application, seeking various reliefs.

3. Heard the learned counsel for the petitioners, the

learned Standing Counsel for the 3rd respondent insurer and also

the learned Standing Counsel for the 6th respondent insurer.

4. The learned Standing Counsel for respondents 3 and 6

would point out that, the directions contained in the judgment of

this Court dated 26.02.2020 in M.A.C.A.No.2298 of 2010 is to

satisfy 50% each of the additional compensation granted in that

appeal, after deducting the liability, if any, of the

appellants/claimants towards Balance Court Fee and Legal Benefit

Fund, in terms of the directives issued by this Court in Circular

No.3 of 2019 dated 06.09.2019 and clarified further in Official

Memorandum No.D1-62475/2016 dated 07.11.2019. However, MACA No.2298 of 2010

the insurers are not in a position to satisfy their liability since the

appellants/claimants are no more. They are also not in a position

to deposit the respective amount before the Motor Accidents

Claims Tribunal, in order to avoid the liability towards further

interest. The learned Standing Counsel for respondents 3 and 6

would submit that the insurers may be permitted to deposit their

respective share in the additional compensation before the

Tribunal, which may be directed to be kept in a Fixed Deposit, for

the time being, and thereafter, the applicants herein may be

directed to move appropriate applications before the Tribunal,

along with necessary documents, to prove their entitlement for

the compensation as the legal heirs of the deceased appellants,

which course would be beneficial to both the insurers and also the

legal heirs of the appellants.

5. The learned counsel for the applicants, who are the

legal heirs of the deceased appellants, would submit that they

shall move appropriate applications before the Tribunal for

disbursement of their respective share in the additional MACA No.2298 of 2010

compensation awarded in M.A.C.A.No.2298 of 2010.

6. Having considered the submissions made by the

learned counsel on both sides, these interlocutory

applications/C.M.Application are closed with the following

directions;

(i) Respondents 3 and 6 shall deposit their respective share in the additional compensation granted by this Court in the judgment dated 26.02.2020 in M.A.C.A.No.2298 of 2010 before the Motor Accidents Claims Tribunal, Tirur, within a period of two months from this date.

(ii) The petitioners in I.A.Nos.1 and 2 of 2021 and C.M.Appl.No.1 of 2021, who are the legal heirs of the deceased appellants/claimants, shall move appropriate applications before the Tribunal along with the supporting documents, seeking disbursement of their respective shares in the additional compensation granted in the judgment dated 26.02.2020 in M.A.C.A.No.2298 of 2010, being the legal heirs of the deceased appellants/claimants.

(iii) The Tribunal shall consider such applications and take an appropriate decision, without any delay, MACA No.2298 of 2010

after affording them and also the insurers an opportunity of being heard.