IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 MACA.No. 804 of 2008 ---------------------- OPMV.239/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT- 3rd RESPONDENT ----------------------- THE ORIENTAL INSURANCE CO.LTD. KANJIRAPPALLY,REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE ERNAKULAM NORTH, KOCHI-18 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): CLAIMANTS --------------- 1. SALAMMA KURIAN, AMPATTU CHOLATHADAM P.O., ANAKUZHY BHAGOM. 2. SIMY KURIAN, AMPATTU CHOLATHADAM P.O.,ANAKUZHY BHAGOM. 3. ANU KURIAN (MINOR), AMPATTU CHOLATHADAM P.O.,ANAKUZHY BHAGOM. 4. SINU KURIAN (MINOR) AMPATTU CHOLATHADAM P.O.,ANAKUZHY BHAGOM. 5. MARIAMMA MATHEW, AMPATTU CHOLATHADAM P.O.,ANAKUZHY BHAGOM. 6. JOSPHY GABRIEL, ORAPPURACKAL, KOOTTICKAL P.O. 7. SHAJAHAN, S/O. AKBAR MELETHUNDIYIL, KUMARAMPEROOR, VADAKKEKKARA CHITTAR SEETHATHODU VILLAGE,PATHANAMTHITTA DIST 8. K.M. HANEEFA, S/O.MEERA SAHIB KONNEPPRAMBIL HOUSE, POOTHAKUZHY BHAGOM, KANJIRAPPALLY VILLAGE 9. NISHA,W/O. PRASAN, Ist FLOOR, VIJAYADEEP APARAMENTS III/3 ATKIMSOM ROAD, VEPERI, CHENNAI-7 ADV. SRI.SHAJI THOMAS PORKKATTIL FOR R1,3& 4 SRI.T.V.VINU FOR R1,3 & 4 SRI.JOY GEORGE FOR R9 SMT.PRAICY JOSEPH FOR R9 SRI.T.RAVIKUMAR FOR R6 SMT.G.AMBILI FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 804 of 2008 ------------------------------------------------------ Dated: JULY 23, 2010 JUDGMENT Barkath Ali, J. The only question which arises for consideration in this appeal by the Insurance Company under Sec.173 of the Motor Vehicles Act is whether the Tribunal is justified in awarding Rs.78,850/- towards medical expenses in a claim under Sec.163A of the Act. 2. One Kurian Mathew, aged 45, was knocked down by a jeep bearing Reg.No.KL5A/3849 driven by the 2nd respondent on December 13, 2003 at 7.30 p.m. at Kavalil junction on the side of Poonjar – Mundakkayam road. He succumbed to the injuries sustained on December 25, 2003 while undergoing treatment in the hospital. The claimants filed the OP claiming compensation under Sec.163A of the Motor Vehicles Act against the respondents who are the owner, driver and insurer of the offending jeep. Addl. Respondents 4 and 5 were impleaded subsequently in the OP. 3. Only the 3rd respondent contested the case before the Tribunal, but admitted the policy. Exts.A1 to A7 were marked on the side of the claimants and Ext.B1 was marked on the side of the 3rd respondent. On an appreciation of evidence the Tribunal awarded a total compensation of Rs.2,96,350/-. M.A.C.A. 804 of 2008 2 4. Heard counsel for the appellant Insurance Company and the counsel for the respondents. 5. The break up of the compensation awarded by the Tribunal is as under: medical expenses 78,850/- funeral expenses 2,000/- loss of consortium 5,000/- loss of estate 2,500/- loss of dependency 2,08,000/- 6. The 3rd respondent, insurer of the offending vehicle, contended before the Tribunal that the alleged incident was not a motor accident, that the driver of the jeep and others have forcibly taken possession of the jeep upon instructions from the financier and in that attempt they intentionally and deliberately knocked down the deceased person and that therefore the claimants are not entitled to pay any compensation to the claimants. The Tribunal rejected the above contentions and awarded a compensation of Rs.2,96,350/-. 7. The only contention raised by the counsel for the appellant/Insurance Company in this appeal is that since this being a claim under sec.163A of the Motor Vehicles Act, the Tribunal is not justified in awarding a compensation of Rs.78,850/- for the medical M.A.C.A. 804 of 2008 3 expenses, that as per the Second Schedule to the Act, the maximum amount that can be awarded for medical expenses is Rs.15000/-. The above contention is not seriously disputed by the counsel for the claimants. It is seen from the Second Schedule to the Act that the maximum amount that can be awarded for medical expenses in the case of fatal accident case is only Rs.15000/-. Therefore the compensation awarded by the Tribunal for the medical expenses is reduced to Rs.15000/-. As regards the compensation awarded under other heads, we find the same to be reasonable and therefore we are not disturbing the same. No other point is raised before us. In the result the appeal is allowed to the above extent. No costs. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-