Kerala High Court
Aneesh vs Chairman on 4 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 19371 OF 2013
PETITIONER:
ANEESH
S/O.MURALEEDHARAN, KATTUVILA VEEDU, KARIKKAKOM,
ATTINGAL, THIRUVANANTHAPURAM.
BY ADV SRI.T.K.ANANDA KRISHNAN
RESPONDENTS:
1 CHAIRMAN,
PERMANENT LOK ADALATH, FOR PUBLIC UTILITY SERVICES,
THIRUVANANTHAPURAM - 695 001.
2 THE NEW INDIA ASSURANCE CO. LTD,
REMA PLAZA, SS KOVIL ROAD, THAMPANOOR,
THIRUVANANTHAPURAM - 695 001.
3 KRISHNANKUTTY,
T C 25/1389,KUNNUMKUZHI, THIRUVANANTHAPURAM - 695 014.
BY ADVS.
SMT.A.SREEKALA
SRI.VENUGOPAL V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19371 OF 2013
2
JUDGMENT
The petitioner has approached this Court being aggrieved
by the fact that the amount of compensation agreed to be paid to
the petitioner by the 2nd respondent Insurance Company on
account of injuries suffered by the petitioner in a motor accident
was not being paid along with suitable interest. It is the case of
the petitioner that the Lok Adalat ought to have granted interest
on the amount agreed to be paid. Ext.P2 is the order of the
Permanent Lok Adalat for Public Utility Services, which reads as
follows:-
"This petition is one filed u/s 22C r/w 22 A (b)
(i) & (vi) of the Legal Services Authorities Act, 1987
against New India Assurance Company Ltd.,
claiming compensation for the injury sustained in a
motor vehicle accident by the petitioner at 2.45 PM
on 09-01-2010 near Sreekariyam junction.
2) The OP was filed on 10.03.2010 and when the OP
was taken up for consideration on 12.06.2013 the
Permanent Lok Adalat on the same day passed the
following;
Counsel for petitioner present. No
representation from the side of respondents. Counsel
for petitioner submits that the insurance company
has put its foot down in their attitude regarding
WP(C) NO. 19371 OF 2013
interest. As we could recollect, the case came up for
settlement finally on 28-05-2013 on which day the
offer from the side of the company was
Rs.2,10,000/- to which the petitioner was agreeable
but only on condition of paying interest by 50% of
the usual rate (9%) as well, which the company
declined although the learned counsel conceded that
in cases settled before the MACT and at Adalat held
by District Legal Services Authority they have
conceded interest at such rate in those cases pending
for over a year. If that be the position we are at a loss
to understand the rationale behind the
discriminatory attitude of the insurer in those cases
filed before this forum. Since this forum has no
jurisdiction to adjudicate the claim on merits, the
only course open is to dismiss the OP although we
are of the view that the attitude of the company is
against all known principles of natural justice and
equity. Hence dismissed with liberty to file fresh OP
before MAСТ."
2 The learned Government Pleader submits that it is
now settled by the judgment of a Division Bench of this Court in
Bhoopesh and Others v. M/s.New India Assurance Company
Ltd. and Others [2009 (3) KHC 830(DB)] that claim for
compensation under the Motor Vehicles Act cannot be
maintained before the Permanent Lok Adalat under the
provisions of the Legal Services Authorities Act, 1987.
WP(C) NO. 19371 OF 2013
Taking into consideration the law laid down by the
Division Bench and also taking into account the fact that Ext.P2
order reserves the right to the petitioner to approach the Motor
Accidents Claims Tribunal, this writ petition is dismissed.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 19371 OF 2013
APPENDIX OF WP(C) 19371/2013
PETITIONER EXHIBITS
EXHIBIT P1- TRUE COPY OF THE APPLICATION DATED
10.03.2010 FILED BY THE PETITIONER
FOR COMPENSATION U/S.22 OF THE LEGAL
SERVICES AUTHORITIES ACT BEFORE THE
HON'BLE PERMANENT LOK ADALATH AT
THIRUVANANTHAPURAM.
EXHIBIT P2- TRUE COPY OF THE ORDER WAS PRONOUNCED
BY THE LOK ADALATH DATE 12.06.2013
