IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 MACA.No. 622 of 2006() ---------------------- OPMV.1163/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/2ND RESPONDENT : --------------------------------- THE ORIENTAL INSURANCE CO.LTD., MUVATTUPUZHA, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/CLAIMANTS & 1ST RESPONDENT : ----------------------------------------------------- 1. MR.XAVIER, S/O.MANI, PALAMOOTTIL HOUSE, MARADY KARA, MARADY VILLAGE. 2. SMT.MARY, W/O.XAVIER, PALAMOOTTIL HOUSE, MARADY KARA, MARADY VILLAGE. 3. SRI.SUDEEP, S/O.XAVIER, PALAMOOTTIL HOUSE, MARADY KARA, MARADY VILLAGE. 4. MRS.SUSAMMA.K.J., KULATHINGAL HOUSE, MECHAL P.O., VALAKOM, KOTTAYAM, PIN-691 532. R1 TO 3 BY ADV. SRI.WILSON URMESE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- M.A.C.A. No. 622 OF 2006 -------------------------------------------- Dated this the 18th day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed by the Insurance Company challenging the award of the MACT granting compensation for the death of son of respondents 1 and 2 under Section 163A of the M.V. Act. The motor- bike, registered in the name of another person, which the victim was riding, capsized and the victim died on account of injuries sustained by him. Claim Petition filed under Section 163A of the M.V. Act was allowed by the MACT. The case of the insurance company is that accident is only on account of negligence of the victim and consequently no compensation is payable. However, we notice that in the Full Bench decision relied on by the MACT, it was held by this Court that negligence of the victim will not defeat a claim under Section 163A of the Act. Even though correctness of the decision of Full Bench is canvassed by counsel for the insurance company, we do MACA : 622/06 2 not think this as a fit case, because there is no proof of negligence on the part of the victim in this case. We therefore dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk MACA : 622/06 3