Kerala High Court
Nabeesa T.S. @ Nabeesa Rahiman vs Ashraf Ali on 7 November, 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA,
1946
MACA NO. 1304 OF 2021
AGAINST THE AWARD DATED 17.08.2018 IN OPMV NO.1412 OF
2011 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM
APPELLANTS/CLAIMANTS:
1 NABEESA T.S. @ NABEESA RAHIMAN
AGED 56 YEARS,W/O.A.M.ABDUL RAHIMAN,
T.C.3/651(5) ANKALAM PARAMBIL VEEDU,
KESAVADASAPURAM WARD, KOWDIAR,
THIRUVANANTHAPURAM.
2 ANSAL RAHIMAN A.A.,
AGED 36 YEARS
S/O.A.M.ABDUL RAHIMAN, T.C.3/651(5) ANKALAM
PARAMBIL VEEDU, KESAVADASAPURAM WARD, KOWDIAR,
THIRUVANANTHAPURAM.
3 ANSI RAHIMAN A.A.,
AGED 36 YEARS
S/O.A.M.ABDUL RAHIMAN, T.C.3/651(5) ANKALAM
PARAMBIL VEEDU, KESAVADASAPURAM WARD, KOWDIAR,
THIRUVANANTHAPURAM.
BY ADVS.
S.CHANDRASEKHARAN NAIR
BALAMURALI K.P.
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2
RESPONDENTS/RESPONDENTS:
1 ASHRAF ALI
AGED 48 YEARS
S/O.AMEER HAMSA, RESIDING AT VILAYIL VEEDU, NEAR
MUTHU MARIAMMAN TEMPLE, VAILOOR, SASTHAVATTOM
P.O., THIRUVANANTHAPURAM.
2 ICICI LOMBARD GENERAL INSURANCE CO. LTD.,
HAVING REGISTERED AND HEAD OFFICE AT ZENITH
HOUSE, KESAVA RAO KHADE MARG, MAHALAXMI, MUMBAI-
400034, C/O.MANAGER, ICICI LOMBARD KILLIPALAM,
KARAMANA P.O., THIRUVANANTHAPURAM.
3 NATIONAL INSURANCE CO. LTD. ,
DIVISIONAL OFFICE, P.B.NO.60 NELSON COMPLEX,
PUTHIYIDOM, KAYAMKULAM.
BY ADVS.
SMT.DEEPA GEORGE
N.S.NAJEEB
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 07.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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3
JUDGMENT
This appeal has been filed by the claimants in OP (MV)
No.1412 of 2011 on the file of the Motor Accidents Claims
Tribunal, Thiruvananthapuram. The respondents herein are the
respondents before the tribunal.
2. According to the appellants, on 30.06.2011, at about
11.00 p.m., while the deceased was travelling along with first
and second claimants in a car bearing registration No.KL-01-AJ-
6626 through Kollam - Thiruvananthapuram road, another car
bearing registration No.KL-22/C-3204, driven by the first
respondent in a rash and negligent manner, hit against the
vehicle of the deceased and thereby the deceased sustained
serious injuries. He succumbed to the injuries at the hospital.
The first and second appellants also sustained serious injuries
in the accident. The appellants, the legal heirs of the deceased,
approached the tribunal claiming a total compensation of
₹31,00,000/-.
3. The first respondent is the owner and second
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respondent is the insurer of the offending vehicle. The third
respondent is the insurer of the car in which the deceased was
travelling. The first respondent remained ex-parte. Since the
claimants failed to take steps to issue notice to the second
respondent, the original petition against the second respondent
- insurer of the offending vehicle was dismissed for default. The
third respondent entered appearance and filed a written
statement. They contended that the accident occurred due to
the negligence of the first respondent. Hence, respondents 1
and 2 are liable to pay compensation. They also disputed the
quantum of compensation claimed. Before the tribunal, Exts.A1
to A10 documents were marked on the side of the appellants.
No oral or documentary evidence was adduced on the side of
the respondents. The tribunal, after analysing the pleadings
and materials on record, awarded a sum of ₹3,49,950/- as
compensation under different heads with interest @ 8% per
annum from the date of petition till realization, against the
respondent being the insurer. Dissatisfied with the quantum of
compensation awarded by the tribunal, the claimants have
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come up in appeal.
4. Heard the learned counsel for the appellants and the
learned Standing Counsel for the respondent insurer.
5. The learned counsel for the appellants submit that
this appeal is filed mainly on two grounds: First, seeking
enhancement of compensation awarded by the tribunal and
secondly on the ground that the tribunal has dismissed the
original petition as against the second respondent, ICICI
Lombard General Insurance Co. Ltd, for want of steps taken by
the appellants herein. In ground (F) in the appeal, it is stated
that the tribunal dismissed the original petition against the
second respondent on a wrong appreciation of fact that the
petitioner failed to take steps within the time specified by the
Hon'ble Tribunal. The learned counsel for the appellants
submits that they have taken proper steps against the second
respondent on 27.07.2018 with C.F.No.14155, whereas the
impugned award was passed by the tribunal on 17.08.2018. The
appellants further submits that the offending vehicle had valid
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policy coverage with ICICI Lombard General Insurance Co.
Ltd., at the time of accident.
6. The learned Standing Counsel appearing for the
insurance company submitted that since no steps were taken
against the second respondent, they neither got an opportunity
to appear before the tribunal nor verify whether there was a
valid insurance policy coverage during the time of accident.
Considering the facts and issues raised in this case, I find that
the appellants are to be given once more opportunity to prove
their claim against the respondents and the matter has to be
remanded back to the tribunal for fresh consideration.
Accordingly, the appeal is allowed and the impugned
award dated 17.08.2018 in O.P.(MV) No.1412 of 2011 on the
file of the Motor Accidents Claims Tribunal,
Thiruvananthapuram, is set aside. The tribunal shall consider
the matter afresh, in accordance with law, after giving the
appellants sufficient opportunity to prove their claim as against
the second respondent and the second respondent, insurer shall
also be given an opportunity to challenge the claim put forward
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by the appellants. It is further made clear that, since the
second respondent insurer was not given proper notice of the
original petition, they shall not be held liable to pay interest on
the compensation amount, if any awarded, from the date of
accident till 08.01.2021, the date on which the insurer entered
appearance in this appeal.
The parties are directed to appear before the Motor
Accidents Claims Tribunal, Thiruvananthapuram, on
05.12.2024.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
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PETITIONER ANNEXURES
Annexure A3 THE CERTIFIED COPY OF THE PENSION
CERTIFICATE DATED 21/05/2022 ISSUED BY
THE SUB TREASURY OFFICER, PENSION
PAYMENT SUB TREASURY,
THIRUVANANTHAPURAM.
