IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 MACA.No. 1450 of 2005() ----------------------- OPMV.1447/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S)/RESPONDENT NO.3: ---------------------------------------- M/S. UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, PANKAJ BUILDINGS, K.S.A. ROAD, MUNNAR, NOW REPRESENTED BY TS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.S.MAMMU RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 AND 2: --------------- 1. MARY, W/O. LATE KURIAKOSE, MUTHIYELY HOUSE, RESIDING NEAR CANAL PALAM, VENGOOR KARA, VENGOOR VILLAGE. 2. VINOD. C.K., S/O. KANDA KRISHNAN, CHEEDI VEEDU, ASAMANNUR KARA, ASAMANNUR VILLAGE. 3. P.K. GEORGE, S/O. LATE P.P. KURIAKOSE, PEECHAMKARA HOUSE, KOTHAMANGALAM KARA, KOTHAMANGALAM VILLAGE. ADV. SRI.RAJESH VIJAYAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A. NO. 2640 OF 2005 IN M.A.C.A. NO.1450 OF 2005. DISMISSED 15.12.2008 Sd/-(C.N. RAMACHANDRAN NAIR, JUDGE) Sd/-(HARUN-UL-RASHID, JUDGE) C.N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. --------------------------------------------------------- M.A.C.A.NOS. 1450 & 1451 OF 2005 --------------------------------------------------------- Dated this the 4th day of December, 2008 JUDGMENT Ramachandran Nair, J. Heard counsel appearing for both sides. The case of the Insurance Company - the appellant in both the appeals is that the accident itself was caused solely by the rider of the motor bike who was an adolescent of 15 years riding the motor bike without a licence. The Motor Accidents Claims Tribunal, Perumbavoor attributed 30% contributory negligence on the part of the rider of the motor bike. Even though we feel by granting compensation the court should not encourage driving of motorbike by adolescent people who have not reached the age for acquiring license, we find in this case the accident was caused by the bus which at the relevant time was overtaking another vehicle. The total compensation awarded for loss of dependency in both the cases is only a little over Rs.1,50,000/-. Hence, no interference is called for in the award. M.A.C.A. NOS. 1450 & 1451/2005 2 The appeals are accordingly dismissed. (C.N. RAMACHANDRAN NAIR) JUDGE (HARUN-UL-RASHID) JUDGE sp/ M.A.C.A. NOS. 1450 & 1451/2005 3 C.N. RAMACHANDRAN NAIR & HAURN-UL-RASHID, JJ. M.A.C.A. NOS.1450 & 1451/2005 JUDGMENT 15th December, 2008