IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 MACA.No. 1928 of 2007() ---------------------------------- OPMV.1381/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT/3RD RESPONDENT ---------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP.BY THE DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI -11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/ PETITIONER & RESPTS.1&2 & ADDL.RESPTS.4 TO 6 RESPECTIVELY ------------------------------------------------------------------------------------------------------------------------ 1. C.N.DEVAKI, SREEVILASOM HOUSE, MYNAGAPPALLY, KOLLAM DIST. 2. SURESH KUMAR @ BIJU, EDAYILETHU HOUSE, RANNI. 3. SANTHOSH., SANTHOSH BHAVAN., THAMARAKULAM. 4. M.RAGHAVAN., SREEVILASOM HOUSE, MYNAGAPPALLY. 5. SREEDEVI, -DO- 6. JOSEPH ANTONY, CHACKALAKAL PERUMBAIDAK, ADICHIRA, KOTTAYAM. ADV. SRI.K.SASIKUMAR FOR R1, R4 & R5 SRI.T.M.ABDUL LATHEEF FOR R6 SRI.T.I.DANIEL FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.1928 OF 2007 ------------------------------------- Dated 31st October, 2008 JUDGMENT Koshy,J . A youngster aged 28 sustained fatal injuries in a motor accident on 11.4.1997. His mother filed an application for compensation claiming an amount of Rs.9,62,500/=. The Tribunal awarded only Rs.2,35,500/= and that amount was ordered to be deposited by the appellant insurance company after deducting Rs.50,000/= paid as interim relief. It was contended by the appellant insurance company before the Tribunal that the driver of the vehicle has no valid driving licence and, therefore, there is violation of policy conditions even though the offending vehicle was covered by a valid insurance policy. It was also contended that the deceased was a gratuitous passenger in a private jeep and, therefore, he is not entitled to any compensation. The Tribunal found that there was valid insurance coverage. It is seen from the award that the question regarding gratuitous passenger was not seriously argued before the Tribunal. Further, policy issued was a comprehensive policy and it is contended by the claimants that passengers were specifically covered and insurance company which MACA.1928/2007 2 claimed exclusion from the liability did not produce the insurance policy with conditions. In such circumstances, we are of the view that insurance company cannot avoid the liability. No evidence was adduced by the insurance company before the Tribunal. Once policy is admitted, exclusion of liability has to be proved by the insurance company. Driving licence of the driver of the jeep was produced. 2. The deceased was working as a Manager in Siva Trading Co., Mannar. His monthly income was Rs.3,500/= per month. However, the Tribunal accepted only Rs.3,000/= as the monthly income. Half was deducted and Rs.1,500/= was fixed as the monthly loss of family contribution. Mother was the original claimant. Brother and sister of the deceased were arrayed as additional respondents. The Tribunal has taken 11 as the multiplier. Another contention raised by the appellant is that the mother of the deceased was aged 55, whereas the claimant was aged 28 and, therefore, 18 is the apt multiplier taking second schedule as aguideline. But, we note that since deceased was an unmarried person, claimants' age which is the lowest has to be taken into account. If Rs.3,000/= is taken as the monthly income, after deducting one third for personal expenses, Rs.2,000/= ought to have been taken as the dependency income. MACA.1928/2007 3 Even if 8 is taken as the multiplier, the amount to be awarded by the Tribunal is much more than the compensation actually awarded by the Tribunal. Considering the total compensation awarded, we are of the opinion that no interference is required in the quantum of compensation awarded by the Tribunal at the instance of the insurance company. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks