Kerala High Court
Jainamma Xavier vs Shajahan @ Shaji on 25 September, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
MACA NO. 2492 OF 2024 (D)
OPMV 1170/2013 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA
APPELLANTS/PETITIONER:
1. JAINAMMA XAVIER, AGED 59 YEARS, W/O.XAVIER, BHASMAKADU VEEDU,
KOPPARAKADAVU, AMBALAPPUZHA, ALAPPUZHA FROM BHASMAKADU VEEDU,
POOMKAVU, MARARIKULAM SOUTH GRAMA PANCHAYAT, WARD 14, PATHIRAPPALLY,
ALAPPUZHA DISTRICT, PIN - 688521
2. BINCY XAVIER, AGED 38 YEARS, D/O.XAVIER & W/O. MANU M JOHN,
BHASMAKADAVU VEED, KOPPARAKADAVU, AMBALAPUZHA, ALAPPUZHA,
BHASMAKADAVU VEEDU, POOMKAVU, MARARIKULAM SOUTH GRAMA PANCHAYATH,
WARD 14, PATHIRAPPALY, ALAPPUZHA, HAVING PRESENT ADDRESS AT
MANIKKATHARA, KUMARAKAM P.O., KOTTAYAM DISTRICT, PIN - 686563
3. SONIA XAVIER, AGED 36 YEARS, D/O.XAVIER & W/O. XAVIER K.J.,
BHASMAKADAVU VEED, KOPPARAKADAVU , AMBALAPUZHA, ALAPPUZHA,
BHASMAKADAVU VEEDU, POOMKAVU, MARARIKULAM SOUTH GRAMA PANCHAYATH,
WARD 14, PATHIRAPPALY, ALAPPUZHA, HAVING PRESENT ADDRESS AT
KADATHITHARA, PATHIRAPPALLI P.O., POOMKAVU, ALAPPUZHA DISTRICT, PIN
- 688521
4. MARY RUTH @ JINCY XAVIER, AGED 29 YEARS, D/O.XAVIER & W/O. ASHLEY
SEBASTIAN, BHASMAKADU VEEDU, KOPPARAKADAVU, AMBALAPPUZHA, ALAPPUZHA,
BHASMAKADU VEEDU, POOMKAVU, MARARIKULAM SOUTH GRAMA PANCHAYAT, WARD
14, PATHIRAPPALLY, ALAPPUZHA DISTRICT, HAVING PRESENT ADDRESS AT
ARUMURIKKAL HOUSE, KONGORPPALLY P.O., ERNAKULAM DISTRICT, PIN -
683518
BY ADVOCATES M/S. MATHEW KURIAKOSE, J.KRISHNAKUMAR (ADOOR),
C.N.PRAKASH, MONI GEORGE, SHAJI P.K., ARUN.S. & PREETHU JAGATHY
RESPONDENT/RESPONDENT:
1. SHAJAHAN @ SHAJI, AGED 53 YEARS, S/O.ABDUL KHADER, POOTHOTTU VEEDU,
EADOVILANGATHU PANCHAYATH WARD - 4, KODUNGALLOOR, THRISSUR DISTRICT,
PIN - 680664
2. ANIL KUMAR, AGED 47 YEARS, S/O.KUMARAN, CHITTEZHATHU VEEDU, S.N.
PURAM VILLAGE, KODUNGALLOOR MUNICIPALITY, WARD NO. XI, THRISSUR
DISTRICT, PIN - 680664
This Motor accidents claims appeal having come up for orders on
25.09.2024, the Court on the same day passed the following:
P.T.O
EASWARAN S., J.
- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - -
M.A.C.A No. 854 of 2021
&
M.A.C.A No. 2492 of 2024
- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -
ORDER
(Dated this the 25th day of September 2024)
M.A.C.A No. 854/2021 is by the driver of the
vehicle which allegedly caused the accident which lead to
the claim being filed before the Motor Accidents Claims
Tribunal, Alappuzha as OP(MV) No. 1170/2013. The crux of
the argument of the learned counsel for the appellant is
that the appellant was not the driver of the vehicle which
caused the alleged accident. Reliance is placed on the
judgment of the Judicial First Class Magistrate - I,
Alappuzha in C.C No. 167/2013 wherein the Magistrate's
Court after a fullfledged trial specifically found that there is
no evidence to show that the accused/appellant drove the
vehicle at the time of the accident.
M.A.C.A No. 854 of 2021 & M.A.C.A No. 2492 of 2024
2. On the other hand, the learned counsel for the
claimants, Sri. Mathew Kuriakose, contented that the owner of
the vehicle has admitted in a letter issued to the police
authorities that he is the owner and the appellant Shajahan is
the driver of the vehicle. Since, the vehicle was used for an
illegal purpose of transporting illicit liquor, the claimants were
also not in a position to obtain the details of the Insurance
Company, since the registration number of the vehicle was also
fake. He further points out that the service in respect of the 2 nd
respondent, namely Anil Kumar, the owner of the vehicle, is not
complete in the M.A.C.A No. 2492/2024 and requests this Court
for a short adjournment for arguing the case.
3. Sri. Ajeesh K. Sasi, learned counsel for the
appellant in M.A.C.A No. 854/2021 relies on the judgment of
this court in Ajeesh v. Bibitha Varghese [2024 KHC
online 856] to contend for the preposition that once the
criminal court has acquitted the driver for the offence
charged against him, the finding of the Motor Accidents
M.A.C.A No. 854 of 2021 & M.A.C.A No. 2492 of 2024
Claims Tribunal based on the final report in the crime pales
into insignificance and therefore the appellant is entitled to
succeed. He points out that the execution proceedings in
respect of the award in OP(MV) No. 1170/2013 is being pursued
by the appellant in M.A.C.A No. 2492/2024 vigorously and prays
that the further proceedings for execution be stayed if the
matter is adjourned.
4. Considering the facts and circumstances of the
case and also especially findings of the Judicial First Class -
I, Alappuzha in C.C No. 167 of 2013 dated 15.02.2024 and
also the judgment rendered by this court in Bibitha
Varghese (Supra), this Court deems it is appropriate to
stay all further proceedings in execution of the award in
OP(MV) No. 1170/2013 on the files of Motor Accidents
Claims Tribunal, Alappuzha until further orders.
Post on 11.10.2024.
Sd/-
EASWARAN S.
ASH JUDGE
25-09-2024 /True Copy/ Assistant Registrar
