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High Court of KeralaMACA/733/2011dismissed

The New India Assurance Co.Ltd v. Ummayyakutty

2015-09-23Honourable Mr.Justice P.N.Ravindran2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937 MACA.No. 733 of 2011 ( ) ------------------------- AGAINST THE AWARD IN OPMV 308/2010 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE DATED 14-07-2010 APPELLANT/3RD RESPONDENT:

------------------------------------------------------ THE NEW INDIA ASSURANCE CO. LTD., TIRUR, NOW REP. BY ITS MANAGER, REGIONAL OFFICE M.G.ROAD, KOCHI-11.

BY ADVS.SRI.MATHEWS JACOB (SR.) SRI.P. JACOB MATHEW RESPONDENT/PETITIONER:

-------------------------------------------------- UMMAYYAKUTTY,W/O.ABOOBACKER, KORANGOTHU HOUSE, CHALIYAM PO, KOZHIKODE - 673 301.

BY ADVS. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vpv

P.N.RAVINDRAN & BABU MATHEW P. JOSEPH, JJ.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= M.A.C.A.No.733 of 2011 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of September, 2015

JUDGMENT

P.N.Ravindran, J.

This appeal arises from the award passed by the Motor Accidents Claims Tribunal, Kozhikode on 14.07.2010 in O.P.(M.V.)No.308 of 2010. By the said award, the Motor Accidents Claims Tribunal awarded the sum of Rs.11,600/- as compensation to the respondent/claimant and directed the appellant/third respondent insurer to deposit the said amount together with interest and costs. The said award is under challenge in this appeal.

2. The issue raised in the instant appeal is covered against the appellant by the judgment delivered by us today in M.A.C.A.No.1647 of 2010 and connected cases wherein we have upheld the award passed in 23 other cases arising out of the very same accident and repelled the contentions raised by the appellants. In the light of the said decision, no interference is called for with the impugned award. The appeal fails and is accordingly dismissed but with a direction to the appellant to satisfy the award, if it has not so far been satisfied, within two months from today. No costs.

Sd/- P.N.RAVINDRAN JUDGE Sd/- BABU MATHEW P. JOSEPH JUDGE /true copy/ P.A. To Judge vpv