IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 MFA.No. 478 of 2002(E) ---------------------- OPMV.297/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT: 3RD RESPONDENT ------------------------- THE NEW INDIA ASSURANCE CO.LTD. OTAPPALAM,REPRESENTED BY THE ASST.ADMINISTRATIVE OFFICER OF ITS REGIONAL OFFICE,ERNAKULAM, KONDOMKULATHY TOWERS,M.G.ROAD,KOCHI-11 BY ADV. SRI.A.R.GEORGE RESPONDENTS: CLAIMANT/ RESPONDENTS 1 AND 2 ------------------------------------------ 1. MOIDEEN S/O.ALAVI,KULACHALIL HOUSE, PULAPATTASSERI 2. MUHAMMAD ABBAS S/OUHAMMEDKUTTY KULACHALIL HOUSE,PULAPATTASSERI 3. MUHAMMADKUTY,KULACHALIL HOUSE, P.O.CHERUMUNDASSERY,AMBALAPPARA. R1 BY SRI.P.G.PARAMESWARA PANICKER SRI.SANTHEEP ANKARATH R2 BY SMT.PREETHY KARUNAKARAN SMT.MEENA.A. SMT.M.R.MINI SRI.JAYKAR.K.S. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 13/02/2008, ALONG WITH MFA NO. 551 OF 2002 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.2684/2002 DISMISSED. 13/2/2008 SD/- C.N. RAMACHANDRAN NAIR, JUDGE. SD/- T.R.. RAMACHANDRAN NAIR, JUDGE. // TRUE COPY // P.S. TO JUDGE C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - M.F.A.NOs.478 & 551 of 2002 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of February, 2008. JUDGMENT C.N. Ramachandran Nair, J. These connected cases are filed by the insurance company against the common award passed by the Tribunal awarding a sum of Rs.1,69,493/- to one person who lost his left hand in the course of accident when he was aged only 23 years and against the award of Rs.28,000/- to another person who was said to be travelling in the vehicle at the time of accident after unloading the goods, viz. vegetables, for the transport of which the vehicle was hired. The case of the appellant is that goods vehicle was used for transport of passengers at the time of accident and therefore the insurance company is not liable to pay compensation under the policy. He has referred to Section 147 of the Motor Vehicles Act and the judgment of the Supreme Court in National Insurance Company Ltd. v. Chollati Bharattamma and others {(2008) 1 SCC 423}. Even though the argument on legal principles may have some relevance, we find that the company has not pleaded that the claimants were neither the cleaner of the vehicle nor the owner of the goods who hired the vehicle. On the other hand, we find that MFA 478 & 551/2002 -2- evidence was adduced by one claimant to prove that he was the cleaner of the vehicle which does not stand controverted by the insurance company. Therefore, he was rightly awarded compensation. So far as the quantum of compensation is concerned, we do not think that the amount of around Rs.2 lakhs is high, because it is a case where a young man who was aged 23 years, has lost his left hand below the elbow in the accident. 2. So far as the other case is concerned, the position is the same in as much as the company did not controvert the case of the claimant that he was returning after unloading the goods, for the transport of which the vehicle was hired. The compensation awarded is only Rs.28,000/-. We are of the view that the award of the Tribunal is quite tenable on the evidence on record. We, therefore, dismiss the appeals. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ MFA 478 & 551/2002 -3- C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - M.F.A. Nos.478 & 551 of 2002 - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 13th February, 2008.