M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720, 826, 922, 923, 1181 of 2011

M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 1 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 MACA NO. 2296 OF 2010** **AGAINST THE ORDER/JUDGMENT OPMV 110/2005 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5th RESPONDENT:** NATIONAL INSURANCE CO.LTD. DO VI, NEW NO.25, WHITES ROAD,, MAMATHA COMPLEX, 3RD FLOOR, CHENNAI-600 014, REP. BY THE BRANCH MANAGER. BY ADV SRI.RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 LISSY @ LISSAMA W/O.LATE STEPHEN, AGED 39 YEARS,, VETTIL (H), ANGADISSERY, MANALVAYAL POST,, IRULAM VILLAGE, S.BATHERY TALUK,, WAYANAD DISTRICT. 2 SHILPA AGED 19 YEARS D/O.LATE STEPHEN, DO. 3 AMRUTHA AGED 16 YEARS (MINOR), D/O.LATE STEPHEN REP. BY THE, FIRST RESPONDENT LISSY @ LISSAMMA MATHEW,, MOTHER AND NATURAL GUARDIAN DO. 4 RAJAN AGED 62 YEARS S/O.AYYAPPAN, KAPPIL (H), MANALVAYAL POST,, IRULAM, S.BATHERY TALUK, WAYANAD DISTRICT. 5 KOUSALYA AGED 59 YEARS W/O.RAJAN, DO. 6 SREEJA.T.M AGED 30 YEARS W/O.LATE K.R.SHAJI, DO. 7 AMAL MINOR AGED 5 YEARS M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 2 S/O.LATE K.R.SHAJI, REP. BY MOTHER, SREEJA.T.M, W/O.LATE K.R.SHAJI, DO. 8 SIVADASAN SO.SUNDARAN NAIR THATHILOTTU HOUSE, CHEROOPPA POST,, CALICUT. 9 THE MANAGING DIRECTOR KSRTC, THIRUVANANTHAPURAM. BY ADVS. SRI.S.M.PRASANTH SRI.JOY GEORGE, SC, K.S.R.T.C. ALEX ANTONY SEBASTIAN P.A. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH MACA.396/2011, 397/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 # 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 MACA NO. 396 OF 2011** **AGAINST THE ORDER/JUDGMENT OPMV 112/2005 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5TH RESPONDNET:** NATIONAL INSURANCE CO.LTD. NEW NO.25,WHITE ROAD,MAMATHA COMPLEX,3D FLOOR,, CHENNAI-600 014,REP;BY THE BRANCH MANAGER. BY ADV SRI.RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 SOUDAMINI AND OTHERS MUTHUKULATH PUTHANPURAYIL(H),ANGADISSERY,, MANALVAYAL POST,IRULAM VILLAGE,S.BATHERY TALUK,, WAYANAD (DISTRICT). 2 ANILADO.BABU.P.K. -DO3 ANJU PRIYAMINORDO.LATE BABU.P.K REP.BY THE FIRST RESPONDENT MOTHER AND NATURAL, GUARDIAN,SOUDAMINI -DO4 KAMALAKSHIAGED 75 YEARSWO.KUNHU KUNHAN, -DO5 RAJANAGED 62 YEARSSO.AYYAPPAN KAPPIL(H),MANALVAYAL POST,IRULAM,S.BATHERY TALUK,, WAYANAD DISTRICT. 6 KOUSALYAAGED 59 YEARSWO.RAJAN -DO7 SREEJA.T.MAGED 30 YEARS M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 **==> picture [7 x 9] intentionally omitted <==** W/O.LATE SHAJI, -DO- 8 AMALMINORAGED 5 YEARS S/O.LATE K.R.SHAJI,REP BY MOTHER SREEJA.T.M,, W/O.LATE K.R.SHAJI -DO- 9 SIVADASANSO.SUNDARAN NAIRTHATHILOTTU HOUSE,CHEROOPPA POST,CALICUT. 10 THE MANAGING DIRECTORK.S.R.T.C THIRUVANANTHAPURAM. BY ADVS. SRI.P.C.CHACKO(PARATHANAM) SRI.S.M.PRASANTH ALEX ANTONY SEBASTIAN P.A. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH MACA.2296/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 # 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 MACA NO. 397 OF 2011** **AGAINST THE ORDER/JUDGMENT OPMV 372/2005 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5TH RESPONDENT:** NATIONAL INSURANCE CO.LTD. 25,WHITES ROAD,MAMATHA COMPLEX,3RD FLOOR,CHENNAI-, 600014,REP BY THE BRANCH MANAGER. BY ADV SRI.RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 PRAKASAN AND OTHERS ANIKUZHIYIL(H),ANGADISSERI,MANALVAYAL.P.O,IRULAM, VILLAGE,S.BATHERY TALUK,WAYANAD DISTRICT,REP.BY, SULOCHANA THE WIFE OF PRAKASAN AS GUARDIAN, RESIDING IN THE ABOVE AD 2 RAJANAGED 62 YEARSSO.AYYAPPANKAPPIL (H),MANALVAYAL POST,IRULAM,S.BATHERY TALUK,, WAYANAD DISTRICT. 3 KOUSALYAAGED 59 YEARSWO.RAJAN -DO4 SREEJA.T.MAGED 30 YEARSWO.LATE K.R. SHAJI, -DO5 AMALMINORAGED 10 YEARS S/O.K.R.SHAJI,REP.BY MOTHER SREEJA.T.M,, W/O.K.R.SHAJI -DO6 SIVADASANSO.SUNDARAN NAIRTHATHILOTTU M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 6 HOUSE,CHEROOPPA POST,CALICUT,PIN-673661. 7 THE MANAGING DIRECTORKSRTC THIRUVANANTHAPURAM-695001. BY ADV ALEX ANTONY SEBASTIAN P.A. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH MACA.2296/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 # 7 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 MACA NO. 505 OF 2011** **AGAINST THE ORDER/JUDGMENT OPMV 111/2005 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5TH RESPONDENT:** NATIONAL INSURANCE CO.LTD. DO VI, NEW NO.25, HITES ROAD, MAMATHA COMPLEX,, 3RD FLOOR, CHENNAI - 600 014, REPRESENTED BY THE, BRANCH MANAGER. BY ADV SRI.RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 AMMINI AND OTHERS NELLINIKKUNMTHDATHIL (H), ANGADISSERY,, MANALWAYAL POST, IRULAM VILLAGE, S.BATHERY TALUK,, WAYANAD DISTRICT. 2 PRASEETHA DO. GOPI N.P. -DO- -DO-. 3 PRASANTH SO. GOPI N.P. -DO- -DO-. 4 PAPPU AGED 85 YEARS SO. KUMARI -DO-. 5 PARU AGED 80 YEARS WO. PAPPU. 6 RAJAN AGED 63 YEARS SO. AYYAPPAN KAPPIL (H), MANALVAYAL POST, IRULAM,, SULTHAN BATHERI TALUK, WAYANAD DISTRICT. 7 KOUSALYA AGED 59 YEARS W/O. RAJAN, KAP - DO-. M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 **==> picture [7 x 10] intentionally omitted <==** 8 SREEJA T.M. AGED 30 YEARS W/O. LATE K.R.SHAJI, -DO- -DO-. 9 AMAL MINOR AGED 5 YEARS S/O. LATE K.R.SHAJI, RERESENTED BY MOTHER, SREEJA T.M., W/O. LATE K.R.SHAJI, -DO- -DO-. 10 SIVADASAN SO. SUNDARAN NAIR THATHILOTTU HOUSE, CHEROOPPA POST, CALICUT. 11 THE MANAGING DIRECTOR K.S.R.T.C, THIRUVANANTHAPURAM. BY ADV ALEX ANTONY SEBASTIAN P.A. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH MACA.2296/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 # 9 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 MACA NO. 720 OF 2011** **AGAINST THE ORDER/JUDGMENT OPMV 282/2005 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5TH RESPONDENT:** NATIONAL INSURANCE CO. LTD. DO VI NEW NO.25,WHITES ROAD,MAMATHA COMPLEX,, 3RD FLOOR, CHENNAI 600 014,REP.BY THE BRANCH, MANAGER. BY ADV SRI.RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 RAJU P.R. AND OTHERS PUTHIYEDATH (H), MANALVAYAL(PO),IRULAM VILLAGE,, S.BATHERY TALUK, WAYANAD DISTRICT. 2 RAJAN AGED 62 YEARSSO.AYYAPAN KAPPIL (H),MANALVAYAL(PO),IRULAM ,, S.BATHERY TALUK, WAYANAD DISTRICT. 3 KOUSALYAAGED 59 YEARS W/O.RAJAN,DO. 4 SREEJA.T.MAGED 30 YEARS W/O.LATE K.R.SHAJI,DO. 5 AMALMINORAGED 5 YEARS S/O.LATE K.,R.SHAJI,REP.BY MOTHER SREEJA.T.M,, W/O.LATE K.R.SHAJI,DO. 6 SIVADASANSO.SUNDARAN NAIR THATHILOTTU HOUSE, CHEROOPPA POST , CALICUT. M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 **==> picture [13 x 10] intentionally omitted <==** 7 THE MANAGING DIRECTORKSRTC THIRUVANANTHAPURAM. BY ADVS. ALEX ANTONY SEBASTIAN P.A. SRI.S.M.PRASANTH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH MACA.2296/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 # 11 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 MACA NO. 826 OF 2011** **AGAINST THE ORDER/JUDGMENT OPMV 527/2005 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5TH RESPONDENT:** NATIONAL INSURANCE CO.LTD. DO VI, NEW NO. 25, WHITES ROAD, MAMATHA COMPLEX. 3RD FLOOR, CHENNAI 600014 REP BY THE BRANCH MANAGER. BY ADV RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 KARUNAKARAN.K.K S/O. KUMARAN, AGED 63 YEARS, KUZHIMTHOTTIYIL (H), MANAVAYAL P.O., IRULAM AMSOM DESOM, S.BATHERY TALUK, WAYANAD DISTRICT, PIN- 673579. 2 RAJAN AGED 62 YEARS, S/O.AYYAPPAN, KAPPIL(H), MANALVAYAL POST, IRULAM, S.BATHERY TALUK,, WAYANAD DISTRICT, PIN- 673 579. 3 KOUSALYA, AGED 59 YEARS, W/O RAJAN, KUZHIMTHOTTIYIL (H), MANAVAYAL P.O., IRULAM AMSOM DESOM, S.BATHERY TALUK, WAYANAD DISTRICT, PIN- 673579. 4 SREEJA T.M., AGED 30 YEARS, W/O. LATE K.R.SHAJI,KUZHIMTHOTTIYIL (H), MANAVAYAL P.O., IRULAM AMSOM DESOM, S.BATHERY TALUK, WAYANAD DISTRICT, PIN- 673579. M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 12 5 AMAL (MINOR) AGED 5 YEARS, S/O. LATE K.R.SHAJI REPRESENTED BY MOTHER SREEJA T.M., W/O. LATE K.R.SHAJI. 6 SIVADASAN S/O. SUNDARAN NAIR, THATHILOTTU HOUSE, CHEROOPPA POST, CALICUT , PIN- 673661. 7 THE MANAGING DIRECTOR, KSRTC, THIRUVANANTHAPURAM,PIN- 695001. BY ADVS. I.SHEELA DEVI ALEX ANTONY SEBASTIAN P.A. S.M.PRASANTH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH MACA.2296/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 # 13 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 MACA NO. 922 OF 2011** **AGAINST THE ORDER/JUDGMENT OPMV 117/2005 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5TH RESPONDENT:** NATIONAL INSURANCE CO.LTD. NEW NO.25, WHITES ROAD, MAMATHA COMPLEX, 3RD FLOOR, CHENNAI-600 014, REP.BY, THE BRANCH MANAGER. BY ADV SRI.RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 THANKAMANI W/O.LATE VELAYUDHAN, PARUTHIYAMKUNNEL (H), ANGADISSERY, MANALVAYAL P.O.,, IRULAM VILLAGE, S.BATHERY TALUK,, WAYANAD DISTRICT. 2 THAMPI SO.LATE VELAYUDHAN AGED 46 YEARS, DO. 3 BIJI DO.LATE VELAYUDHAN AGED 37 YEARS, DO. 4 BINU DO.LATE VELAYUDHAN AGED 33 YEARS, DO. 5 BINEESH AGED 28 YEARS S/O.LATE VELAYUDHAN, OD. 6 RAJAN AGED 62 YEARS S/O.AYYAPPAN, KAPPIL (H), MANALAVAYAL POST,, IRULAM, S.BATHERY TALUK, WAYANAD DISTRICT. M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 14 7 KOUSALYA AGED 59 YEARS W/O.RAJAN, DO. 8 SREEJA.T.M. AGED 30 YEARS W/O.LATE K.R.SHAJI, DO. 9 AMAL MINOR AGED 5 YEARS W/O.LATE K.R.SHAJI REP.BY MOTHER, SREEJA T.M., W/O.LATE K.R.SHAJI, DO. 10 SIVADASAN SO.SUNDARAN NAIR THATHILOTTU HOUSE, CHEROOPPA POST,, CALICUT. 11 THE MANAGING DIRECTOR KSRTC THIRUVANANTHAPURAM. 12 OMANA WO.VIJAYAN AGED 45 YEARS PALAPPARAMBIL (H), MARIKKUNNU P.O.,, KOZHIKODE. BY ADVS. ALEX ANTONY SEBASTIAN P.A. SMT.CELINE JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH MACA.2296/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: # M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 15 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 MACA NO. 923 OF 2011** **AGAINST THE ORDER/JUDGMENT OPMV 281/2005 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5TH RESPONDENT:** NATIONAL INSURANCE CO.LTD. NEW NO.25, WHITES ROAD, MAMATHA COMPLEX,, 3RD FLOOR, CHENNAI 600014, REPRESENTED BY THE, BRANCH MANAGER. BY ADV SRI.RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 SIVAN KUTTY NELLINILKKUMTHADATHIL (H), ANGADISSERY,, MANALVAYAL P.O., IRULAM VILLAGE, S.BATHERY TALUK,, WAYANAD. 2 RAJAN AGED 62 YEARS SO.AYYAPPAN KAPPIL (H), MANALVAYAL POST, IRULAM,, S.BATHERY TALUK, WAYANAD DISTRICT. 3 KOUSALYA AGED 59 YEARS W/O.RAJAN -DO-. 4 SREEJA T.M. AGED 30 YEARS W/O.LATE K.R.SHAJI, -DO-. 5 AMAL MINOR AGED 5 YEARS S/O.LATE K.R.SHAJI, REPRESENTED BY MOTHER, SREEJA T.M., W/O.LATE K.R.SHAJI -DO-. 6 SIVADASAN SO.SUNDARAN NAIR M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 **==> picture [13 x 10] intentionally omitted <==** THATHILOTTU HOUSE, CHEROOPPA POST, CALICUT. 7 THE MANAGING DIRECTOR KSRTC THIRUVANANTHAPURAM. BY ADVS. ALEX ANTONY SEBASTIAN P.A. SMT.CELINE JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, ALONG WITH MACA.2296/2010 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 826, 720, 923, 922, 1181 of 2011 17 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA,** ## **1945** ## **MACA NO. 126 OF 2011** **AGAINST THE ORDER/JUDGMENT OPMV 438/2005 OF DISTRICT COURT** **& SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5TH RESPONDENT:** NATIONAL INSURANCE CO.LTD., DO VI,NEW NO.25,WHITES ROAD,MAMATHA COMPLEX,3RD, FLOOR, CHENNAI 600 014,REP.BY THE BRANCH MANAGER. BY ADV SRI.RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 GOPI AND OTHERS MANTHANATH PUTHANPURAYIL(H),MANALVAYAL POST,, IRULAM VILLAGE,S.BATHERY TALUK, WAYANAD DISTRICT. 2 RAJANAGED 62 YEARSSO.AYYAPPAN KAPPIL(H),MANALVAYAL POST,, IRULAM,S.BATHERY TALUK, WAYANAD DISTRICT. 3 KOUSALYAAGED 59 YEARS W/O.RAJAN-DO. 4 SREEJA.T.M AGED 30 YEARS W/O.LATE K.R.SHAJI, DO. 5 AMALMINORAGED 5 YEARSSO.LATE K.R.SHAJI,REP.BY MOTHER SREEJA.T.M,W/O.LATE, K.R.SHAJI, DO. 6 SIVADASANSO.SUNDARAN NAIR THATHILOTTU HOUSE,CHEROOPPA POST, CALICUT. 7 THE MANAGING DIRECTORKSRTC THIRUVANATHAPURFAM. M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 826, 720, 923, 922, 1181 of 2011 **==> picture [13 x 10] intentionally omitted <==** BY ADVS. ALEX ANTONY SEBASTIAN P.A. SRI.S.M.PRASANTH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 19 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 MACA NO. 1181 OF 2011 AGAINST THE ORDER/JUDGMENT OPMV 515/2005 OF DISTRICT COURT & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA** ## **APPELLANT/5TH RESPONDENT:** NATIONAL INSURANCE CO.LTD NEW NO.25, WHITES ROAD, MAMATHA COMPLEX,, 3RD FLOOR, CHENNAI 600014 REP. BY THE BRANCH, MANAGER. BY ADV SRI.RAJAN P.KALIYATH ## **RESPONDENTS/CLAIMANTS & R1 TO 4, 6 & 7:** 1 REMANI W/O.MOHANAN P.V.(LATE), RESIDING AT, PARUTHIYAKUNEL, ANGADISSERY, MANAVAYAL POST,IRULAM, PIN SULTHAN BATHERY TALUK, WAYANAD, DISTRICT. 2 MANU MOHAN AGED 10 YEARS MINOR S/O.MOHANAN P.V., REPRESENTED BY FIRST RESPONDENT, MOTHER AND NATURAL GUARDIAN REMANI V.S., -DO3 ASWATHY MOHAN AGED 6 YEARS MINOR D/O.MOHANAN P.V., REPRESENTED BY FIRST RESPONDENT, MOTHER AND NATURAL GUARDIAN REMANI V.S., -DO4 P.N.THANKAMMA AGED 65 YEARS W/O.LATE VELAYUDHAN, RESIDING AT -DO5 RAJAN AGED 62 YEARS S/O.AYYAPPAN KAPPIL (H), MANALVAYAL POST,, ## M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 ## 20 IRULAM, S.BATHERY TALUK, WAYANAD DISTRICT. 6 KOUSALYA AGED 59 YEARS WO.RAJAN -DO7 SREEJA T.M. AGED 30 YEARS W/O.LATE K.R.SHAJI, -DO8 AMAL MINOR AGED 5 YEARS S/O.LATE K.R.SHAJI, REP. BY MOTHER SREEJA T.M.,, W/O.LATE K.R.SHAJI, -DO9 SIVADASAN SO.SUNDARAN NAIR THATHILOTTU HOUSE, CHEROOPPA POST, CALICUT. 10 THE MANAGING DIRECTOR KSRTC THIRUVANANTHAPURAM BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC SRI.JOY GEORGE, SC, K.S.R.T.C. ALEX ANTONY SEBASTIAN P.A. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 21 ## **JUDGMENT** All these appeals are arising from a series of claim petitions submitted by the respective claimants for the death of and injuries sustained to certain persons in a motor accident that occurred on 08.01.2005. Altogether ten claim petitions were filed, in which seven claim petitions were filed seeking compensation for death. Among the aforesaid claim petitions, except O.P.(MV).No.515 of 2005, were disposed of by the Motor Accidents Claims Tribunal, Wayanad by way of a common award. The O.P.(MV).No.515 of 2005 was disposed of separately and the same is under challenge in M.A.C.A.No.1181 of 2011. All the persons who sustained injuries were passengers in a jeep bearing registration No.KL-12A 5787, owned and driven by one Shaji, who died in the accident. The legal representatives of the deceased owner/driver are respondents 1 to 4 in all the claim petitions. The accident occurred when the aforesaid jeep collided with a KSRTC bus bearing registration No.T.P 711 (KL 15/4889). The 6[th] respondent was the driver of the bus, and the 7th respondent was the Managing Director of the KSRTC. M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 22 2. In all the cases, the appellant herein, the 5[th] respondent in the said claim petitions and the insured of the jeep, filed written statements admitting the existence of a valid insurance policy for the jeep. However, they raised a contention that the driver of the jeep did not have a valid driving licence as he did not possess a badge, which authorised him to drive a commercial passenger vehicle. It was also contended that the seating capacity of the jeep was six including the driver, whereas at the relevant time, thirteen persons were travelling in the said jeep. Ten claim petitions were submitted seeking compensation for the death and the injuries sustained in the accident. Therefore, they sought for exoneration from the liability. 3. After appreciating the materials placed on record, in all the said claim petitions, the Tribunal came to the conclusion that the accident occurred due to the negligence on the part of the driver of the KSRTC bus and the driver of the jeep. The negligence was apportioned among both the said drivers equally and the legal heirs of the owner cum driver and the insurer of the jeep on one side and the KSRTC on the other side were held liable to pay the compensation in equal proportions. As regards the contentions M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 23 raised by the insurance company, with respect to the act of carrying passengers in excess of the seating capacity and beyond the coverage of policy provided by them, in the common award passed by the Tribunal in O.P.(MV) Nos. 110/2005, 112/2005, 372/2005, 438/2005, 111/2005, 117/2005, 282/2005, 527/2005 and 281/2005, it was found that, the liability of the insurance company shall be limited to the five awards containing the highest amounts. As far as the amount payable in respect of the awards containing lesser amounts in excess of five awards referred to above, the respective claimants therein were permitted to recover 50% of the compensation from the legal heirs of the deceased owner cum driver who are respondents 1 to 4. 4. In O.P.(M.V) No. 515/2005 which was dealt with separately by the Tribunal, the award was passed, apportioning the liability in equal proportions, by the KSRTC as well as the appellant insurance company. However, even though the contention of overloading of the vehicle and the limited coverage available to the jeep, was raised by filing an additional written statement, the said contention has not been dealt with in the award passed in O.P.(M.V) No. 515/2005. These appeals are M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 **==> picture [13 x 9] intentionally omitted <==** submitted in such circumstances by the 5[th] respondent in the claim petition, the insurer of the jeep, challenging the liability imposed upon them. 5. Heard Sri.Rajan Kaliyath, the learned counsel appears for the appellant and Sri.Alex Antony Sebastian P.A, the learned counsel appears for the KSRTC in all these cases, S.M. Prasanth, the learned counsel appears for R2 and R3 in M.A.C.A No.126/2011, R4 to R7 in M.A.C.A No.2296/2010, R2 to R5 in M.A.C.A No.720/2011, R5 to R8 in M.A.C.A No. 396/2011, R2 to R5 in M.A.C.A No.826/2011, Smt.Celine Joseph appears for R1 in M.A.C.A No.923/2011, R1 to R5 in M.A.C.A No.922/2011 and Smt. Sheela Devi appears for R1 in M.A.C.A No.826/2011. 6. Even though one of the crucial contention raised in these appeals by the insurance company is relating to the lack of driving licence of the deceased driver of the jeep, the said contention is not legally sustainable. This is because, the contention of the appellant was to the effect that the deceased driver of the jeep was not having valid authorization to drive a transport vehicle at the relevant time. The position of law in this regard is now settled in the light of the principles laid down by the M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 25 Honourable Supreme Court in **Mukund Dewangan v. Oriental Insurance Company.Ltd** [2017 (4) KHC 648] wherein it was held that, in respect of the vehicle with unladen weight below 7500 kg, a separate authorization to drive a transport vehicle is not required and the lack of the same cannot be treated as a breach of policy conditions. In the light of the aforesaid observations made by the Honourable Supreme Court, the said contention raised by the appellant is only to be dismissed. 7. The remaining question relates to the liability of the insurance company, in respect to the act on the part of the registered owner in carrying passengers in excess of the seating capacity and also in excess of the coverage of policy. It is an undisputed fact that the policy was issued for carrying 5 passengers in the jeep apart from the driver. Admittedly, the vehicle was carrying 13 passengers at the relevant time. However, the insurance company cannot be exonerated merely because the vehicle was overloaded unless there is evidence showing that the overload had contributed to the accident. 8. However, the fact of overloading can have an impact as far as the extent of coverage of the policy is concerned. Evidently, M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 26 the insurance company has collected premium only to cover the risk of five passengers, whereas the claim for ten passengers has been put forward. The manner in which the liability of the insurance company has to be determined under such circumstances was considered by the Honourable Supreme Court in **National Insurance Co. Ltd. v. Anjana Shyam, (2007) 7 SCC 445. A** s per the observations made by the Honourable Supreme Court in the said decision, the liability of the insurance company would be limited to the total value of the highest awards passed by the Tribunal. The said amount shall be rateably distributed to all the claimants and the remaining amount shall be recovered from the registered owner of the said vehicle. However, in the recent decision in **United India Insurance Co. Ltd. v. K.M. Poonam, (2015) 15 SCC 297** the Honourable Supreme Court, directed the insurance company to pay the compensation covered by all the awards at the first instance and they were permitted to recover the amount covered by the awards with lesser amount from the registered owner of the vehicle. However, in all the cases except O.P.(M.V) No. 515/2005 it is reported that, the appellant has satisfied all the five awards containing higher M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 27 amounts and in the remaining awards, the legal heirs of the registered owner have satisfied the same. However, in O.P.(M.V) No. 515/2005, even though the appellant has raised a specific contention with regard to the carrying of excess passengers and the impact of the limited coverage provided as per the policy, the Tribunal has not dealt with the said contention and imposed the liability upon the insurance company. However it is pointed out by the learned counsel for the appellant that in O.P(M.V) No.515/2005 which is under challenge in M.A.C.A No. 1181/2011, also the appellant had already deposited the amount awarded by the Tribunal and the same has been disbursed to the respective claimants. 9. In such circumstances, as per the observations made by the Honourable Supreme Court in **Poonam** 's case (supra), the liability of the insurance company shall be limited to the highest number of awards, which is equal to the persons covered as per the policy. In this case, it is an undisputed fact that the coverage of policy was limited to five persons only and therefore their liability could be to satisfy five awards of the higher values. However, now the appellant was mulcted with the liability to pay M.A.C.A Nos. 2296 of 2010, 126, 396, 397, 505, 720 ,826, 922, 923, 1181 of 2011 **==> picture [13 x 10] intentionally omitted <==** the amount in six awards, namely, O.P.(MV) Nos. 110/2005, 112/2005, 372/2005, 438/2005 and 111/2005, which are covered by the common award passed by the Tribunal and in O.P.(M.V) Nos.515/2005, which was separately dealt with by the Tribunal. Since the liability of the insurance company is limited to five awards of the higher value only, the appellant shall be entitled to recover the compensation covered by the award containing a lesser amount among the said awards. It can be seen from the records that, the award with lesser amount among the same is in O.P.(M.V) 111/2005 which is for an amount of Rs.3,47,500. Therefore, while confirming all the findings of the Tribunal in this regard, this Court is inclined to make a modification, as far as the award passed in O.P.(M.V) No. 111/2005 is concerned, by permitting the petitioner to realize the amount of compensation awarded by the Tribunal, from respondents 1 to 4 in the said claim petition. Subject to the above direction all these appeals are disposed of. Sd/- **ZIYAD RAHMAN A.A. JUDGE** DG/rpk