IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 609 of 2008(F) ----------------------------------- O.P(MV).NO.3711/1999 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. .................... APPELLANTS/ 3RD RESPONDENT: ------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD. COCHIN-35, REPRESENTED BY ITS ASSISTANT MANAGER REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA). RESPONDENTS/ CLAIMANTS/ RESPONDENTS/ RESPONDENTS 1 AND 2: ------------------------------------------------------------------------------------------------------- 1. AYSHA BEEVI, W/O.LATE ABDUL NAZAR, PAILIPPARAMBIL HOUSE, EAST OF 'VRINDAVANAM' W.KADUNGALLUR, ALANGAD VILLAGE. 2. A.N.ANEESA, D/O.LATE ABDUL NAZAR, PAILIPPARAMBIL HOUSE, EAST OF 'VRINDAVANAM' W.KADUNGALLUR, ALANGAD VILLAGE. 3. A.N.RAFI, S/O.LATE ABDUL NAZAR, PAILIPPARAMBIL HOUSE, EAST OF 'VRINDAVANAM' W.KADUNGALLUR, ALANGAD VILLAGE. 4. PATHUMMA, W/O.LATE SYED MUHAMMED, PAILIPPARAMBIL HOUSE, EAST OF 'VRINDAVANAM' W.KADUNGALLUR, ALANGAD VILLAGE. 5. NABEESA, PUKKATT HOUSE, WEST KADUNGALLOOR. 6. MUTHU KOYA, S/O.KADEEJA, NATTUVATTY PANAM, KADUNGALLUR, ALUVA. R1 TO R4 BY ADV. SRI.ANIL S.RAJ , ADV. SMT.K.N.RAJANI, ADV. SMT.MANJUSHA MOHANDAS, ADV. SMT.ANILA PETER. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 609/2008-F: ORDER ON I.A. NO. 730/2008 IN M.A.C.A. NO. 609/2008-F DISMISSED SD/- J.B.KOSHY, JUDGE, 13/10/2008. SD/- K.P.BALACHANDRAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.609 OF 2008 ------------------------------------- Dated 13th October, 2008 JUDGMENT Koshy,J . Husband of the first respondent who was employed as a conductor in a bus insured by the appellant insurance company sustained fatal injuries on 10.12.1999. The Tribunal passed an award on 11.10.2006 limiting the liability of the insurance company to Rs.2,01,660/=. Thereafter, an I.A. was filed and as per the order in the I.A. dated 2.8.2007 the total compensation of Rs.3,23,000/= was directed to be deposited by the appellant insurance company. Against that, the insurance company filed this appeal. Even though the vehicle in which the deceased was working as a conductor was insured by the appellant insurance company and the insurance policy was a comprehensive policy, the premium paid for the conductor and driver was only to cover the workmen's compensation liability. The accident occurred during the course of employment and the compensation payable as per the Workmen's Compensation Act is only Rs.2,01,660/=. We are of the view that insurance company is only liable for the above amount. Therefore, the liability of the insurance company is restricted to Rs.2,01,660/= with 12% interest from the date of accident, i.e, 10.12.1999 till the date of MACA.609/2008 2 deposit. Rs.25,000/= was deposited on 22.1.2008. At the time of granting stay, we have directed the appellant to deposit Rs.2,01,660/= with interest at the rate of 12% per annum from the date of application till the date of deposit after deducting the amount already deposited. The compensation payable is Rs.2,01,660/= plus 12% interest from the date of accident till the date of deposit considering section 4-A of the Workmen's Compensation Act. The Insurance company is directed to deposit the balance amount. On deposit, a lumpsum of Rs.20,000/= is allowed to be withdrawn by the fourth respondent mother. Balance amount is allowed to be withdrawn by the wife and two minor daughters in equal proportion. The appeal is partly allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks