IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 MACA.No. 581 of 2003(D) ----------------------------------- O.P(MV).NO.97/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA. .................... APPELLANT/3RD RESPONDENT: ----------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, TRIPUNITHURA. BY ADV. SRI.RAJAN P.KALIYATH. RESPONDENTS/ CLAIMANTS AND R-1,2,3, AND 5: ----------------------------------------------------------------------- 1. THANKAMMA, W/O. KUMARAN, RESIDING AT KANDANCHIRAYIL HOUSE, KARIKODU HOUSE, KARIKODU, MULANTHURUTHY POST, MULANTHURUTHY VILLAGE. 2. KRISHNANKUTY S/O. KUMARAN, DO.DO. 3. SUKU S/O. KUMARAN, DO.DO. 4. SHIBU GEORGE, KALLAYATHIL HOUSE, EZHAKKARANADU POST. 5. AYYAPPAN, S/O. PUTHENKAVI, MANAKKAKUDI HOUSE, EZHAKKARANADU KARA, MANEEDU VILLAGE. 6. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 7. SREEDHARAN S/O. ACHUTHAN NAIR, BIJU SADANAM, PAZHOOR KARA, PIRAVOM VILLAGE. R1 TO R3 BY ADV. SRI.K.JAJU BABU, R5 BY ADV. SRI.M.M.MONAYE, ADV. SRI.M.PAUL VARGHESE, R6 BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 581/2003-D: ORDER ON I.A. NO. 2106/2003 IN M.A.C.A. NO. 581/2003-D DISMISSED SD/- J.B.KOSHY, JUDGE, 15/10/2008. SD/- K.P.BALACHANDRAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.581 OF 2003 ------------------------------------- Dated 15th October, 2008 JUDGMENT Koshy,J . This appeal is filed by the insurance company questioning the award in O.P.(M.V)No.97/1999. The above O.P. was disposed of along with connected cases by a common award. Various appeals were filed by the insurance company against the common award. Since the award amount in this case was above Rs.1,00,000/=, this appeal was posted before the Division Bench. All other appeals, M.A.C.A.Nos.14, 17, 18, 19 and 26 of 2004 were disposed of by the learned single Judge on 22nd August, 2008. The claimant in this appeal was a passenger in a Jeep. There were 12 passengers in the jeep, whereas the allowed capacity was only five. Therefore, there was overloading. Learned single Judge in the connected appeals followed the decision of the Apex Court in National Insurance Company Ltd. v. Anjana Shyam (2007 AIR SCW 5237). Total compensation amount was taken into consideration and apportioned. If that be so, on the basis of the calculations given by the learned single Judge, the amount due to the appellant from the Insurance Company is only Rs.99,945/= with proportionate interest and costs. Balance amount has to be deposited by the driver and owner of the MACA.581/2003 2 vehicle. Therefore, the insurance company is directed to deposit Rs.99,945/= with 9% interest from the date of petition till realisation and balance amount has to be deposited by the owner and driver jointly and severally. The appeal is partly allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks