Anilkumar vs Edison Joy

Type Court Judgment Court Kerala Decided Aug 30, 2019

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https://sooperkanoon.com/case/1907162

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Citation: sooperkanoon.com/1907162
Court: Kerala High Court
Judge: Honourable Mr. Justice P.B.Suresh Kumar
Decided On: Aug 30, 2019
Case Number: MACA/1250/2017

Parties & Advocates

Appellant / Petitioner

Anilkumar

Respondent

Edison Joy

Excerpt

.....tribunal has come up in this appeal challenging the pay and recovery order issued by the tribunal in terms of the award passed in the matter.2. heard the learned counsel for the appellant as also the learned counsel for the insurer.3. it is seen that the tribunal has permitted the insurer ofthe vehicle to realize the compensation directed to be paid to the claimant on the ground that the person who was driving the vehicle involved in the accident was not holding licence to drive the vehicle.4. when the matter was taken up, the learned counsel for the appellant only prayed for indulgence of the court to pay the amount payable to the insurer in convenient instalments. the learned counsel for the insurer has then pointed out rs.1,98,011/- was the amount paid by the insurer to the claimant in the proceedings.5. having regard to the facts and circumstances of the case, especially the pleading of the appellant as regards thepenurious circumstances in which he is placed at present, i deem it appropriate to dispose of the appeal permitting the insurer to widthdraw the pre-deposit of rs.25,000/- made by the appellant for the purpose of preferring the appeal under section 173 of the motor vehicles act and permitting the appellant to pay the balance amount of rs.1,73,011/- in six equal monthly instalments commencing from 01.10.2019. ordered accordingly.sd/- p.b.sureshkumar, judge sma

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 30TH DAY OF AUGUST 2019 / 8TH BHADRA, 1941 AGAINST THE AWARD DATED 22.11.2016 IN O.P (MV) NO.982/2014 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA APPELLANT/2ND RESPONDENT :- ANILKUMAR AGED 36 YEARS, S/O. CHANDRAPPAN ACHARI, VELIAPARAMBU HOUSE, THURAVOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT - 688 532. BY ADVS. SRI.C.Y.VINOD KUMAR SRI.C.Y.VIJAY KUMAR RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 3 :-
1 EDISON JOY, AGED 24 YEARS, S/O. JOY, KARIKKOTTU MYALIL HOUSE, KUZHIYARA KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM, PIN - 682 308. 2 ARUN, AGED 24 YEARS, S/O. NARAYANANKUTTY, KALARICKAL HOUSE, MARANGATTULLY KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM, PIN - 682 308. 3 THE UNITED INDIA INSURANCE COMPANY LIMITED MANIKKANAM PARAMBIL BUILDING, LAYAM ROAD, STATUE JUNCTION,ERNAKULAM, PIN - 682 301. R1-2 BY ADV. SRI.P.V.KURIACHAN R3 BY ADV. SRI.P.SANKARANKUTTY NAIR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No.1250 OF 2017 --------------------------------------------

JUDGMENT

The owner of a vehicle involved in a motor accident which was the subject matter of a proceedings for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the pay and recovery order issued by the Tribunal in terms of the award passed in the matter.

2. Heard the learned counsel for the appellant as also the learned counsel for the insurer.

3. It is seen that the Tribunal has permitted the insurer of

the vehicle to realize the compensation directed to be paid to the claimant on the ground that the person who was driving the vehicle involved in the accident was not holding licence to drive the vehicle.

4. When the matter was taken up, the learned counsel for the appellant only prayed for indulgence of the court to pay the amount payable to the insurer in convenient instalments. The learned counsel for the insurer has then pointed out Rs.1,98,011/- was the amount paid by the insurer to the claimant in the proceedings.

5. Having regard to the facts and circumstances of the case, especially the pleading of the appellant as regards the

penurious circumstances in which he is placed at present, I deem it appropriate to dispose of the appeal permitting the insurer to widthdraw the pre-deposit of Rs.25,000/- made by the appellant for the purpose of preferring the appeal under Section 173 of the Motor Vehicles Act and permitting the appellant to pay the balance amount of Rs.1,73,011/- in six equal monthly instalments commencing from 01.10.2019. ordered accordingly.

Sd/- P.B.SURESHKUMAR, JUDGE SMA

Same Court & Year Kerala · 2019 Same Parties Anilkumar vs Edison Joy Same Judge Honourable Mr. Justice P.B.Suresh Kumar