IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 MFA.No. 466 of 1996() ------------------------------ OPMV.765/1991 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): II RESPONDENT ----------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC RESPONDENT(S): PETITIONERS & IST RESPONDENT ------------------------ 1. SOMAN P., OOMMEN, PEEDIKAPARMBIL HOUSE, PUTHENCAVU, CHENGANNOOR. 2. TESSY OOMMEN, W/O. OOMMEN OF DO. DO. *3. MURALEEDHARAN NAIR, S/O. KRISHNAN NAIR, CHEENIILAYIL VEEDU, MANKUZHI MURI, PAZHAANGADI, RANNI.(DELETED) 3RD RESPONDENT DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DTD. 18.12.03 VIDE MEMO C.F. 8571/03. BY ADV. MR.T.RAVIKUMAR R2 BY ADV.MR.JULIAN XAVIER THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.1973/1996 IN MFA. NO.466/1996 DISMISSED 21/10/2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N.KRISHNAN, J. ........................................... M.F.A.NO.466 OF 1996 ............................................. Dated this the 21st day of October, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Pathanamthitta in OP(MV)No.765/1991. The claimants are the parents of a three year old child, who died in a road accident. The Tribunal held that though the claim is for Rs.37,000/= and as Section 140 of the Motor Vehicles Act has been amended to make the compensation at Rs.50,000/=, that amount is ordered and it is against that decision, the KSRTC has come up in appeal. 2. The point that arises for determination is whether the Tribunal was right in holding that the claimants are entitled to the minmum of Rs.50,000/= under Section 140 as amended by Act 1954 of 1994. The Tribunal had relied upon the decision of this Court reported in New India Assurance Co. Ltd. v. Unnimayamma (1995 (1) KLJ 148) to arrive at that decision. In this case, the accident had taken place on 16.3.1991. The compensation under Section 140 at that relevant time was only Rs.25,000/=. It was by virtue of the : 2 : M.F.A.NO.466 OF 1996 amendment which came into force on 14.11.1994 the amount has been enhanced to Rs.50,000/=. This question has been considered by a Full Bench of this Court in the decision reported in Oriental Insurance Co.Ltd. v. Sheela Ratnan (1996 (2) KLT 695). By the said decision, the Full Bench had reversed the decision of this Court in New India Assurance Co.Ltd. v. Thankam (1995 (1) KLT 323). After considering the materials, the court held that “on the same principle, we hold that the enactment of compensation by way of amendment to Section 140 by ameded Act 54 of 1994 cannot be made applicable to the claimants for the accident which had occurred before 14.11.1994 namely the date of coming into force of the amendment". Therefore, by virtue of this decision, it has to be held that no fault liability of Rs.50,000/= is not available to the claimants in this case since the accident had taken place on 16.3.1991. 3. Then the next question is what shall be the proper compensation. The unfortunate young couples, aged 32 and 30 years, lost their child at the age of three and had claimed a total compensation of Rs.37,000/=. By any : 3 : M.F.A.NO.466 OF 1996 strech of immagination, one cannot hold that the said claim is excessive or without basis. Since they have restrited the claim to Rs.37,000/=, I feel that the award can be passed for Rs.37,000/= without deducting anything which will take in the preliminary award passed by the Tribunal. In the result, the MACA is disposed of fixing the compensation at Rs.37,000/= with 12% interest on the said sum from the date of the petition till realisation less the preliminary award amount of Rs.25,000/=. It is made clear that if the preliminary award amount of Rs.25,000/= had already been paid on a particular date, then the interest can be only for the balance amount of Rs.12,000/= at the above mentioned rate. M.N.KRISHNAN, JUDGE cl : 4 : M.F.A.NO.466 OF 1996 M.N.KRISHNAN, J. ........................................ M.F.A.NO.466 OF 1996 ........................................ 21st October, 2009 J U D G M E N T