IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 MACA.No. 2248 of 2009() ----------------------- OPMV.433/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): 3RD RESPONDENT IN THE OP -------------------------------------- UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, CHENGALPATTU REPRESENTED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE ERNAKULAM, SARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.A.R.GEORGE RESPONDENT(S): CLAIMANT & RESPONDENT 1 & 2 IN THE OP ---------------------------------------------------- 1. S.NARAYANAN @ NARAYANANKUTTY, S/O.SHANMUGHAN MAHALAKSHMI 111 AM, ASHARIPPADAM, PAYLOOR, KOLLENGODE, PALAKKAD DISTRICT. 2. THARAGRAMAN D, 46/43, ARV STREET, ALAGESHAN NAGAR EXTENSION, CHENGALPATTU, TAMIL NADU STATE. 3. THASLEEM, S/O.KADEEJA, THONDIYIL VEEDU, OORAKAM, MALAPPURAM DISTRICT. ADV. SRI.DINESH MATHEW J.MURICKEN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 16/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2248 OF 2009 ............................................. Dated this the 16th day of December, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Palakkad in OP(MV)No.433/2002. OP(MV) No.433/2002 is an application filed under Section 163 A of the Motor Vehicles Act. The Tribunal has awarded a compensation of Rs.19,947/= in that matter. In para-24 of the award, the Tribunal discarded the disability certificate produced in the case and came to a definite conclusion that “hence the petitioner is not entitled to get any compensation for permanent disability and loss of earning power”. 2. One has to look into the statutory provision under Section 163 A of the Motor Vehicles Act. Under Section 163 A, in order to claim compensation for an injury, there must be permanent disablement due to accident arising out of the use of motor vehicle. Explanation to Section163 A makes it clear that for the purpose of the subsection permanent disability has the same meaning and explained as in the Workmen’s Compensation Act. Now as from the : 2 : extraction made above, there is neither disability nor loss of earning capacity. Therefore, there is absolutely nothing to prove the disablement contemplated under Section 163 A of the Act. When it is not there, the compensation cannot be awarded under that section. Therefore the award passed by the Tribunal is against the provisions of law and therefore, it has to be interfered with. As the finding of the Tribunal is to the effect that the claimant has no permanent disablement, the petition filed under Section 163 A cannot be maintained. Therefore I allow the appeal, set aside the award and dismiss the claim petition. If any amount is in deposit, let it be reimbursed to the insurance company on appropriate application. M.N. KRISHNAN, JUDGE cl : 3 :