IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 MFA.No. 1195 of 2002() ---------------------- OPMV.520/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/3RD RESPONDENT IN THE OP(MV): ------------------------------------------------------- THE MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, MALANKARA BUILDINGS PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY THE ADMINISTRATIVE OFFICER, THIRD PARTY CLAIMS CELL, UNITED INDIA INSURANCE CO.LTD. VETTUKATTIL BUILDINGS, M.G.ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 IN THE OP(MV) ---------------------------------------------------------------------------------- 1. HILARI, T.C.33/383, ST.MARY'S COLLEGE, VETTUKADU, TITANIUM P.O., THIRUVANANTHAPURAM. 2. VERONICA, DO. DO. 3. ANITHA, DO. DO. 4. D.ANILKUMAR, RETHA NIVAS, KANAKAKUNNU LANE, THIRUVANANTHAPURAM. 5. BIJU, S/O. SADASIVAN, NEAR KEEZHATHU TEMPLE, PUTHUVILA, KAVUMKULAM, PUTHUVILA P.O., THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A.No.1195/2002 2 ORDER ON C.M.P.No.7289/2002 IN M.F.A.No.1195/2002 DISMISSED. 17/01/2008 Sd/- J.B.KOSHY,JUDGE Sd/- K.HEMA,JUDGE TRUE COPY P.A.TO JUDGE J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.1195 OF 2002 () ----------------------------------- Dated this the 17th day of January, 2008 J U D G M E N T KOSHY,J. Insurance company challenges the award of the Tribunal on the main ground that the liability is limited to 75% even if the tribunal's award is accepted. The claimants were the legal representatives of the deceased Engineering student who was travelling as a pillion rider. Tribunal found that accident occurred due to 25% negligence on the rider of the vehicle in which the deceased was travelling and 75% negligence is on the driver of the vehicle insured by the appellant Insurance company. That finding has become final. After computing compensation, 25% was deducted and balance was only ordered to be paid in the case of application filed by the rider. According to the Insurance company, 25% compensation could have been claimed by the pillion rider from the owner and rider of the scooter in which he was travelling as it was found that accident occurred due to the negligence of the driver also. Their liability is also to indemnify the driver or owner of the MFA.1195/02 2 vehicle insured by it. Since their liability is only to pay 75% of the compensation due as per the apportionment of negligence made by the tribunal, they are liable to pay only 75% of the compensation assessed. We accept the above contention. It is further contended that amount awarded was high. Claims were filed by the father, mother and one sister. He was an Engineering student. Considering the age of the mother and sister, we are of the view that multiplier of 16 taken is reasonable and no interference is required in the quantum of compensation. Tribunal found that total amount payable was Rs.5,85,500/-. But tribunal limited the amount to Rs.5,00,000/- only as claim made against the rider, owner and Insurance company of the offending vehicle was only Rs.5,00,000/-. In Nagappa v. Gurudayal Singh and others (AIR 2003 SC 674) it was held by the Supreme Court that duty of the tribunal is to award just and reasonable compensation irrespective of the claims raised, and therefore, we need not be limited the claim even if otherwise when we reduce 25% from the total amount calculated, amount will be below Rs.500,000/- claimed. From the total amount of Rs.5,85,500/-, 25% is to be deducted and compensation payable by the appellant Insurance company will be Rs.4,39,125/- with proportionate MFA.1195/02 3 interest and costs as awarded by the tribunal. With the above observations tis appeal is partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.1195 OF 2002 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 17th January, 2008