Appeals against awards of the Motor Accidents Claims Tribunal were dismissed as not pressed by the learned counsel for the appellants.
Appeals dismissed as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MACA NO. 2014 OF 2008 & CONNECTED CASES
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
MACA NO. 2014 OF 2008
AGAINST THE AWARD DATED 29.06.2007 IN OP(MV)NO.282/2003 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA
APPELLANT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LIMITED
REP. BY ITS ASST. MANAGER, REGIONAL OFFICE,,
SHARANYA, HOSPITAL ROAD, KOCHI-11.
BY ADVS.
SRI.RAJAN P.KALIYATH
RESPONDENTS/PETITIONERS 1 & 2 AND RESPONDENTS 1 & 2 AND
SUPPL.4TH RESPONDENT RESPECTIVELY:
1 P.M.ABOOBACKER, AGED ABOUT 43 YEARS, S/O. MAMMED, PUTHEN MARACHALIL HOUSE,, "EVERGREEN", MELADI AMSOM AND DESOM, POST MELADI.2 SAFIYA AGED ABOUT 38 YEARS W/O. ABOOBACKER, -DO-3 RAJEEVAN V.M. SO. KANARAN VAZHAYIL MEETHAL HOUSE, P.O.MELADI,, KOYILANDI TALUK.4 SUDHEESH M.K. SO. KANNAN PULIKKU MADATHIL HOUSE, POST MELADI,, KOYILANDI TALUK.5 P.T.HAMEED SO. ASSAINAR PUDUKKUDY THAZHA HOUSE, MELADI POST, PAYYOLI. BY ADVS. SRI.K.V.SOHAN SRI.C.R.SIVAKUMARTHIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.10.2023, ALONG WITH MACA.160/2010, 172/2010
AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2014 OF 2008 & CONNECTED CASES
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
MACA NO. 1566 OF 2008
AGAINST THE AWARD DATED 29.06.2007 IN OP(MV)NO.310/2003 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA
APPELLANT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY
REPRESENTED BY ITS ASSISTANT MANAGER,, REGIONAL
OFFICE, SHARANYA,HOSPITAL ROAD,, KOCHI -11.
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW (SC)
RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 AND SUPPL.4TH RESPONDENT RESPECTIVELY:
1 JAMSHEER, AGED ABOUT 25 YEARS, S/O AHAMMED, PUTHANMARACHALIL HOUSE,, MELADI AMSOM AND DESOM, POST MELADI,, KOYILANDI TALUK.2 RAJEEVAN V.M.S/O KANARAN, VAZHAYIL MEETHAL HOUSE,, P.O. MELADI,KOYILANDI TALUK.3 SUDHEESH M.K.S/O KANNAN, PULIKKU MADATHIL HOUSE, POSTMELADI, KOYILANDI, TALUK.4 P.T. HAMEED, S/O ASSAINAR PUDUKKUDY THAZHA HOUSE,, MELADI POST PAYYOLI. BY ADV SRI.C.R.SIVAKUMARTHIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.10.2023, ALONG WITH MACA.2014/2008 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2014 OF 2008 & CONNECTED CASES
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
MACA NO. 2015 OF 2008
AGAINST THE AWARD DATED 29.06.2007 IN OP(MV)NO.283/2003 OF
MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA
APPELLANT/ 3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD.
REP. BY ITS ASST.MANAGER,, REGIONAL OFFICE,
SHARANYA,, HOSPITAL ROAD, KOCHI-11.
BY ADVS.
SRI.RAJAN P.KALIYATH, SC
RESPONDENTS / PETITIONERS 1 & 2 AND RESPONDENTS 1 & 2 AND
SUPPL.4TH RESPONDENT RESPECTIVELY:
1 K.V.ABOOBACKER, AGED ABOUT 43 YEARS,S/O.KUNHAMMED, ARIPARAMBIL HOUSE,, MELADI AMSOM,
KANNAMKULAM DESOM,, POST MELADI, KOYILANDI TALUK.
2 RUKKIYA AGED ABOUT 38 YEARS W/O.K.V.ABOOBACKER, -DO-3 RAJEEVAN V.M. SO.KANARAN VAZHAYIL MEETHAL HOUSE, P.O.MELADI,, KOYILANDI TALUK.4 SUDHEESH M.K. SO.KANNAN PULIKKU MADATHIL HOUSE, POST MELADI, KOYILANDI, TALUK.5 P.T.HAMEED SO.ASSAINAR PUDUKKUDY THAZHA HOUSE,, MELADI POST PAYYOLI. BY ADVS.SRI.K.V.SOHAN
SRI.C.R.SIVAKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.10.2023, ALONG WITH MACA.2014/2008 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2014 OF 2008 & CONNECTED CASES
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
MACA NO. 160 OF 2010
AGAINST THE AWARD DATED 26.06.2008 IN OP(MV)NO.372/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA
APPELLANT/3RD RESPONDENT:
UNITED INDIA INSURANCE CO.LTD
MAIN ROAD, VADAKARA.
BY ADV SRI.RAJAN P.KALIYATH, SC
RESPONDENTS/CLAIMANT, R1, 2 & 4:
1SHAHIR MC, S/O.MOIDEEN AGED 17/04
(DOB 24.04.1985) MARIYAM MANZIL,POST MELADI,,
MELADI,MELADI AMSOM DESOM, KOILANDY TALUK 673 522,
REP BY FATHER M.C.MOIDEEN, MARIYAM MANZIL,, POST
MALADI, MALADI AMSOM AND DESOM,, KOYILANDY TALUK.
2 P.T.HAMEED SO.ASSAINAR PUTHUKKUDI THAZHA HOUSE, POST MELADI 673 5223 SUDHEESH M.K SO.KANNAN PULIKKUMADATHIL HOUSE, POST MEALDI 673 522.4 RAJEEVAN VM VAZHAYIL MEETHAL HOUSE POST PAYYOLI.BY ADV SRI.C.R.SIVAKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.10.2023, ALONG WITH MACA.2014/2008 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2014 OF 2008 & CONNECTED CASES
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
MACA NO. 172 OF 2010
AGAINST THE AWARD DATED 26.06.2008 IN OP(MV)NO.912/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA
APPELLANT/3RD RESPONDENT:
UNITED INDIA INSURANCE COMPANY LTD.
MAIN ROAD, VADAKARA.
BY ADV SRI.RAJAN P.KALIYATH, SC
RESPONDENTS/CLAIMANT, R1, 2 & 4:
1SHAJEER C.M., S/O.MOIDEEN,
ERIPPARAMBIL HOUSE, POST MELADI, MELADI AMSOM,
DESOM, KOYILANDY TALUK.
2 P.T.HAMEED SO.ASSAINAR PUTHUKKUDI THAZHA HOUSE, POST MELADI-673 522.3 SUDHEESH M.K. SO.KANNAN PULIKKUMADATHIL HOUSE, POST MELADI,673 522.4 RAJEEVAN V.M VAZHAYIL MEETHAL HOUSE POST PAYYOLI. BY ADV SRI.C.R.SIVAKUMARTHIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.10.2023, ALONG WITH MACA.2014/2008 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2014 OF 2008 & CONNECTED CASES
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
MACA NO. 176 OF 2010
AGAINST THE AWARD DATED 26.06.2008 IN OP(MV)NO.912/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA
APPELLANT/3RD RESPONDENT:
UNITED INDIA INSURANCE CO.LTD.
MAIN ROAD, VADAKARA.
BY ADV SRI.RAJAN P.KALIYATH, SC
RESPONDENTS/CLAIMANT, R1, 2 & 4:
1 SHIJIL KUMAR, S/O.LATE UNNIKRISHNAN, THYVALAPPIL HOUSE,, POST MELADI, MELADI AMSOM DESOM,, KOYILANDI TALUK.2 P.T.HAMEED SO.ASSAINAR PUTHUKKUDI THAZHA HOUSE, POST MELADI-673 522.3 SUDHEESH.M.K SO.KANNAN PULIKKUMADATHIL HOUSE, POST MELADI-673 522.4 RAJEEVAN.V.M VAZHAYIL MEETHAL HOUSE,, POST PAYYOLI.THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 11.10.2023, ALONG WITH MACA.2014/2008 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA NO. 2014 OF 2008 & CONNECTED CASES
7
ZIYAD RAHMAN, A.A, J
M.A.C.A No. 2014, 1566 & 2015 of 2008 &
160, 172 & 176 of 2010
Dated this the 11th day of October, 2023
JUDGMENT
When these matters were taken up for consideration, the learned counsel for the appellant submitted that these MACAs are not pressed. Recording the said submission, these MACAs are dismissed as not pressed.
sd/-
ZIYAD RAHMAN, A.A, JUDGE
R.AV
UNITED INDIA INSURANCE COMPANY LIMITED
P.M.ABOOBACKER
SAFIYA
RAJEEVAN V.M.
SUDHEESH M.K.
P.T.HAMEED
ZIYAD RAHMAN A.A
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court