IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 MFA.No. 297 of 2003(A) ---------------------- OPMV.1230/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/2ND RES. IN OP(MV)1230/98 BEFORE THE HON.MACT.: -------------------------------------------------------- K.MOIDEEN HAJI, KANNADAN HOUSE, P.O.EDARIKKODE, VIA. KOTTAKKAL, MALAPPURAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS/PETR. & RES.1 & 3 IN OP(MV) 1230/98 BEFORE THE MACT: --------------------------------------------------------------- 1. NARUGNGALY MOIDEEN, S/O. KAMMU, KURUVA AMSOM, KARINJAPPADI P.O. VATTALLUR, PERINTALMANNA. 2. PALLATH SIVADASAN S/O. KARAPPAN, THALAPPALLIL P.O. 3. UNITED INDIA INSURANCE CO.LTD., MANJERI. R1 BY ADV. SRI.BABU S. NAIR R3 BY ADV. SRI.A.R.GEORGE THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER IN I.A.NO.107/2003 IN MFA.297/2003 DISMISSED. 8.4.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE ORDER IN C.M.P.NO.1465/2003 IN MFA.297/2003 DISMISSED. 8.4.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.297 OF 2003 (A) ----------------------------------- Dated this the 8th day of April, 2008 J U D G M E N T KOSHY,J. First respondent in this appeal approached the Motor Accidents Claims Tribunal contending that he was employed by the appellant in the stage carriage bus as a cleaner and while repairing the bus in front of a bus stand, the driver moved the vehicle, and as a result of which, he sustained injuries. After considering the medical certificates regarding permanent disability etc, tribunal awarded Rs.76,700/- with 9% interest. Tribunal also found that even though it was a comprehensive policy, net premium totaling more than Rs.40,000/- was paid. There was no insurance coverage to cleaner but driver and conductor are covered for Workmen Compensation liability. No contribution was paid for Workmen compensation liability or personal accident of cleaner. Therefore, tribunal directed the appellant, the owner of the vehicle and driver to pay the compensation as liability was fixed fairly and severally. MFA.297/03 2 Appellant was ex parte before the tribunal. According to the appellant, no notice was received. But the records of the tribunal show otherwise. Apart from the above, in view of the F.I.R., wound certificate etc., factum of the accident cannot be disputed and the accident occurred while repairing the bus owned by the appellant. Insurance coverage is detailed in the policy produced. In the above circumstances, a remand will serve no purpose. However, considering the facts and the circumstances of the case, we reduce the interest rate from 9% to 7%. Subject to that modification in the award, this appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.297 OF 2003 (A) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 8th April, 2008