IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 122 of 2008()
1. K.SREEKUMAR, S/O. KESAVAN NADAR,
... Petitioner
Vs
1. P.PARAMESWARAN NAIR,
... Respondent
2. K.M.ASOK KUMAR, S/O. MADHAVAN,
3. THE ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SRI.M.SREEKUMAR
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :21/10/2008
O R D E R
M.N.KRISHNAN, J
=====================
MACA No.122 OF 2008
=====================
Dated this the 21st day of October 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Thiruvananthapuram in O.P.(MV)No.324 of 2001. The
claimant has been awarded a sum of Rs.18,250/- with 9% interest from
7.3.2001. The insurance company has been directed to pay the amount and
get it reimbursed from respondents 1 and 2 jointly and severally. In
fairness, learned counsel for the appellant submits before me that his client
has become the owner-cum-driver of the vehicle on the date of accident. So
whatever amount is ordered is only to be recovered from him.
2. After hearing the counsel on both sides, I suggested to the counsel
appearing for all that whether the case can be disposed of on the ground
that the appellant shall deposit the amount which is paid by the insurance
company to the claimant. There was some reservation for the counsel for
the insurance company. It is a settled position that there can be no direction
in the award for payment of interest by the owner and driver to the
insurance company. So, the insurance company is only entitled to realise
MACA 122/2008 -:2:-
the amount which they have paid. Therefore a direction can be given to the
appellant herein to pay the amount which the insurance company has paid as
compensation to the claimant inclusive of interest. There is already a
deposit of Rs.18,250/- before the Tribunal.
The appeal is disposed of as follows:(1) The insurance company is
permitted to withdraw the amount of Rs.18,250/- which is lying in court
deposit as deposited by the appellant herein.(2) The appellant shall deposit
the balance amount, i.e. the balance that is due to the insurance company
which they have deposited in satisfaction of the award within 3 months.(3)
No recovery proceedings shall be initiated against the appellant for a period
of 3 months.
M.N.KRISHNAN, JUDGE
Cdp/-