IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 MACA.No. 2103 of 2006(A) ------------------------------------- O.P(MV).NO.1132/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM. .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. REJI, D/O.MOHANAN, AGED 28 YEARS, ANDISSERIL HOUSE, VELLANATHURITHU, CHERIAZHEEKAL P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 2. AKILA, D/O.MOHANAN, AGED 10 YEARS, MINOR, REP. BY 1ST APPELLANT, DO. 3. ATHULYA, D/O.MOHANAN, AGED 8 YEARS, MINOR, REP. BY 1ST APPELLANT, DO. 4. RADHAMMA, AGED 61 YEARS, M/O.DECEASED MOHANAN, DO. 5. CHANDRAN, AGED 68 YEARS, F/O.DECEASED MOHANAN, DO. BY ADV. SRI. K. SANIL KUMAR, ADV. SRI.PRATHEESH.P. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. VINOD, S/O.JAYADHARAN, MEENATHERIL VEETTIL, VELLANATHURITHU, CHERIAZHEEKAL P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 2. SHIVARAJAN, S/O.BHASKARAN, SIVABHAVAN, VELITHURUTHU, NEENDAKARA P.O. M.A.C.A. NO. 2103/2006-A: 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LIC BUILDING, KOLLAM. 4. GOVINDAN, S/O.VELIKUTTY, SOUPARNIKA, LALAI JN., KARUNGAPPALLY. R1 BY ADV. SRI.S.SANTHOSH KUMAR, R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.2103 of 2006 ------------------------------------- Dated 10th December, 2008 JUDGMENT Koshy,J . A young man aged 30 sustained fatal injuries in a motor accident on 24.12.1999 and succumbed to the injuries on 26.12.1999. He was a fisherman by profession. In the absence of evidence, Tribunal fixed Rs.1,700/= as the monthly income. Since he has completed the age of 30, Tribunal has taken 17 as the multiplier taking guidance from the second schedule and compensation of Rs.2,53,200/= was awarded to the wife, two children and parents of the deceased. Grievance of the appellants is that insurance company was exonerated from liability. It was found that the deceased was travelling in a mini lorry and the accident occurred due to the negligence of the driver of the mini lorry. According to the claimants, the deceased was travelling as a passenger as the owner of the goods which was carried in the mini lorry. However, F.I.R and charge sheet show that the mini lorry was carrying about 25 fishermen. Therefore, the contention that the deceased was travelling in the mini lorry as an agent of the goods which was carried in the mini lorry cannot be accepted. Since the deceased was a passenger in the goods vehicle, Tribunal correctly held that the insurance company is not MACA.2103/2006 2 liable to pay the amount. We agree with the findings of the Tribunal. There is no reason to interfere with the award. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks