Kerala High Court
United India Insurance Company Ltd vs Nazar.A.P And Others on 27 February, 2024
Author: Mary Joseph
Bench: Mary Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
MACA NO. 866 OF 2011
AGAINST THE AWARD DATED 19.04.2010 IN O.P(M.V) NO.1787/2003 OF
ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR
APPELLANT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD.
PONNANI, NOW REPRESENTED BY ITS MANAGER,
REGIONAL OFFICE, "SHARANYA", HOSPITAL ROAD, KOCHI-11.
BY ADVS.SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2:
1 NAZAR.A.P, S/O.AHAMMAD MOULAVI,
ALUKAPARAMBIL HOUSE, CHANGARAMKULAM, PERUMUKU P.O.,
MALAPPURAM DISTRICT-676505.
2 K.A.SHAJAHAN, S/O.FATHIMA,
KOTTILAVALAPPIL HOUSE, ALAMCODE P.O.,
MALAPPURAM DISTRICT-679585.
3 SHEREEF, S/O. KUNJUMUHAMMED HAJI
KOMBATHAYIL HOUSE, ALAMCODE VILLAGE, PERUMUKU DESOM,
MALAPPURAM DISTRICT-679585.
BY ADVS.SRI.P.S.APPU
SRI.K.A.ANAS
SRI.A.R.NIMOD
SRI.T.C.SURESH MENON
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 27.02.2024, ALONG WITH MACA.1201/2011 AND
MACA.1202/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.Nos.866, 1201 & 1202 of 2011
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
MACA NO. 1201 OF 2011
AGAINST THE AWARD DATED 19.04.2010 IN O.P(M.V) NO.
2307/2003 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
THRISSUR
APPELLANT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LIMITED
PONNANI NOW REPRESENTED BY ITS MANAGER,,
REGIONAL OFFICE, "SHARANYA", HOSPITAL ROAD,
KOCHI-11.
BY ADVS.SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2:
1 MURALIDAS.A., S/O.ARUMUGHAN,
PARIKINGAL HOUSE, CHANGARAMKULAM,,
VALAYAMKULAM.P.O., MALAPPURAM DISTRICT-673 005.
2 K.A.SHAJAHAN, S/O.FATHIMA,
KOTTILAVALAPPIL HOUSE, ALAMOODE P.O.,
MALAPPURAM DISTRICT-679 585.
3 SHERIF, S/O.KUNJUMUHAMMED HAJI,
KOMBATHAYIL HOUSE, ALAMCODE VILLAGE,
PERUMUKU DESOM, MALAPPURAM DISTRICT-679 585.
BY ADVS.SRI.P.S.APPU
SRI.K.A.ANAS
SRI.A.R.NIMOD
SRI.T.C.SURESH MENON
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 27.02.2024, ALONG WITH MACA.866/2011,
1202/2011, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.Nos.866, 1201 & 1202 of 2011
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 27TH DAY OF FEBRUARY 2024 / 8TH PHALGUNA, 1945
MACA NO. 1202 OF 2011
AGAINST THE AWARD DATED 19.04.2010 O.P(M.V) NO.2640/2003
OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR
APPELLANT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LIMITED,
PONNANI NOW REPRESENTED BY ITS MANAGER,
REGIONAL OFFICE,"SHARANYA", HOSPITAL ROAD,
KOCHI-11.
BY ADVS. SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
RESPONDENTS/PETITIONER AND RESPONDENTS 1 AND 2:
1 JISHAR.A.P., S/O.SAKKEENA,
ALUKAPRAMABIL HOUSE, CHANGARAMKULAM,
PERUMUKU.P.O, MALAPPURAM DISTRICT-673005.
2 K.A.SHAJAHAN, S/O.FATHIMA,
KOTTILAVALAPPIL HOUSE, ALAMCODE.P.O,
MALAPPURAM DISTRICT-679585.
3 SHERIF, S/O.KUNJUMUHAMMED HAJI,
KOMBATHIYIL HOUSE, ALACODE VILLAGE,
PERUMUKU DESOM, MALAPPURAM DISTRICT-679585.
BY ADVS.SRI.P.S.APPU
SRI.K.A.ANAS
SRI.A.R.NIMOD
SRI.T.C.SURESH MENON
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP
FOR HEARING ON 27.02.2024, ALONG WITH MACA.1201/2011
AND MACA 866/2011, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A.Nos.866, 1201 & 1202 of 2011
4
JUDGMENT
Dated this the 27th day of February, 2024
Three appeals have been preferred from a common
award passed by Additional Motor Accidents Claims
Tribunal, Thrissur (for short 'the Tribunal') respectively in
O.P(M.V) Nos.1787/2003, 2307/2003 and 2640/2003, on
19.04.2010.
2. The challenge against the common award was
raised by the 3rd respondent, who was none other than the
insurer of the offending vehicle involved in the motor
accident. Challenge was raised for the reason that the
policy stood issued in respect of the vehicle being an Act
only one, they are not liable to indemnify the insured.
3. During the course of argument, it is submitted
by the learned counsel for the respondent that the
common award include awards in four original petitions.
But only three among them was taken up in challenge in
the appeals on hand. One award was not under challenge.
M.A.C.A.Nos.866, 1201 & 1202 of 2011
4. The learned counsel for the appellant has been
directed to verify whether appeals have been preferred
from all awards passed in the Original Petitions. After
verification, it is submitted that appeals have been
preferred only from the awards passed in three Original
Petitions whereas the award passed in the other Original
Petition was not challenged.
5. In the above circumstances, this Court is
inclined to take a view that the appeals on hand are not
liable to be considered in view of the principle of res
judicata .
Appeals are dismissed for the reason.
Sd/-
MARY JOSEPH
JUDGE
NAB
