IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 MACA.No. 143 of 2004() ---------------------- OPMV.803/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): APPELLANTS/PETITIONERS ------------------------------------ 1. RAMLA W/O. SALIM, AGED 36 YEARS, KALPPURACKAL PUTHENVEETTIL, EDAMARUKU KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK. 2. RAFSIN S/O. SALIM, AGED 16 YEARS, KALAPPURACKAL, PUTHENVEETTIL, EDAMARUKU KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK 3. RIFENE D/O. SALIM, AGED 9, KALAPPURACKAL PUTHENVEETTIL, EDAMARUKU KARA, UDUMBANNOOR VILLAGE, THODUPUZHA TALUK 4. NABEESA SULAIMAN W/O. SULAIMAN, KALAPPURACKAL PUTHENVEETTIL, EDAMARUKU KARA, UDUMBANCHOLA VILLAGE, THODUPUZHA TALUK BY ADV. SRI.GEORGEKUTTY MATHEW SRI.GEORGEKUTTY MATHEW SMT.G.R.LEKSHMI RESPONDENT(S): --------------- 1. P.S.ISMAIL, PERUMILATH HOUSE, XX/339, T.M.C., THODUPUZHA EAST P.O., THODUPUZHA. 2. SUNNY @ EVANIOUS JOSEPH, MUNDAKAL HOUSE, NEYYASSERI KARA, NEYYASSERY VILLAGE 3. THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, JYOTHI SUPER BAZAR, P.B.NO.81, THODUPUZHA. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.143 of 2004 .................................................................... Dated this the 16th day of December, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed for enhancement of compensation granted by the MACT for the death of husband of the first appellant while serving as a conductor in a bus owned and operated by the first respondent. We have heard counsel appearing for the appellants and Standing Counsel appearing for the Insurance Company. 2. During operation of the bus in which the deceased was employed as a conductor, a passenger misbehaved with ladies and he was sent to the rear of the bus by the driver. The angry passenger quarreled with the conductor and stabbed him in the bus which led to death of the conductor, the husband of the first appellant herein. In the claim petition filed for compensation, MACT considered the claim as one under Section 163A of the Motor Vehicles Act and granted compensation against which this appeal is filed. 3. Counsel for the appellants submitted that income adopted for 2 the purpose of grant of compensation at Rs.1,500/- is very low and he has therefore sought for enhancement of income and consequent increase in compensation. Standing Counsel for the Insurance Company on the other hand submitted that award of compensation under Section 163A itself is not justified because the conductor being an employee covered by the policy ought to have been granted compensation under the Workmen's Compensation Act, 1923. The further contention of the Insurance Company is that they have not filed appeal against the award on this ground because in absolute terms the compensation amount is not in excess of the eligible amount. We agree with the argument of the counsel for the Insurance Company for the reason that employees are covered by the insurance policy issued in terms of Section 147 of the Motor Vehicles Act. However, coverage is subject to limits provided under the Workmen's Compensation Act. Applying the maximum income with reference to which compensation could be granted at the time of accident which is Rs.2,000/- per month, the appellants would be entitled to total compensation of Rs.1,78,490/- . This will carry interest at the rate of 12% from date of 3 accident i.e. 26.7.1996 till date of deposit. The award stands modified as above with direction to the Insurance Company to deposit the above amount with interest thereon after adjusting payments already made. Appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms