IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 180 of 2006()
1. NATIONAL INSURANCE CO. LTD.,
... Petitioner
Vs
1. T.K.MUSTHAFA,
... Respondent
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent :SRI.ESM.KABEER
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :07/09/2009
O R D E R
P.R. RAMAN & P.R. RAMACHANDRA MENON JJ.
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MACA No. 180 of 2006
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Dated, this the 7th day of September, 2009
JUDGMENT
Ramachandra Menon, J.
The Maruthi car bearing No. KL 10 D 927 driven by the
respondent herein and the Ambassidor car bearing No. KL 10 B 820,
which was coming from opposite side collied with each other on
30.6.97, causing serious injuries to the respondent and damage to the
Maruthi car, which led to two separate claims as OP(MV) 88 of 1998
and OP(MV) 2109 of 1997 respectively.
2. During pendency of the proceedings, the Tribunal, taking note
of the facts and circumstances, passed an Interim Award on 5.11.03 in
IA 6304 of 2003, whereby the appellant/additional 4th respondent before
the Tribunal (Insurer of the Maruthi car) was directed to pay a sum of
Rs. 25,000/- with interest in respect of the permanent disability stated
as caused to the claimant. Finally, on conclusion of the trial, the
Tribunal arrived at a clear finding that the accident was occurred only
because of the rash and negligent driving by the claimant himself and
hence that he was not entitled to get any amount as compensation,
either for the injuries sustained by him or for the damage stated as
MACA No. 180 of 2006
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caused to the vehicle and accordingly, both the claim petitions were
dismissed. It remains a fact that, the claimant has not chosen to file any
appeal challenging the above verdicts.
3. The Insurer of the Maruthi car, owned and driven by the
claimant, has approached this Court stating that, while passing Final
Award, the Tribunal has not mentioned anything regarding the Interim
Award, whereby the liability to satisfy a sum of Rs. 25,000/ was mulcted
on the Insurer. It is also pointed out that, no execution proceeding is
liable to be entertained, in view of the fact that there is no cause of
action for the claimant, who sustained injuries only because of his own
wrongful act, submits the learned senior counsel appearing for the
Insurer.
4. It is very much brought to light that the specific finding
rendered by the Tribunal that the accident was occurred only because
of the negligent act of the claimant stands in tact, in so far as same has
not been subjected to challenge. The Interim Award has already got
merged with the Final Award; whereby it is held that the claimant is not
entitled to get any amount as compensation. This being the position,
the Interim Award dated 15.11.2003 passed by the Tribunal in I.A. 6304
of 2003 has already lost its significance and it is hereby declared that
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same is not executable. The appeal is disposed of confirming the
Award passed by the Tribunal in all other respects.
P.R. RAMAN, JUDGE
P. R. RAMACHANDRA MENON, JUDGE
kmd