IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 MACA.No. 3094 of 2008(F) ----------------------- OPMV.2324/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): 3RD RESPONDENT IN THE OP(MV) ------------------------------------------ THE UNITED INDIA INSURANCE CO.LTD., CHANGANACHERRY BRANCH REPRESENTED BY THE DEPUTY MANAGER, UNITED INDIA INSURANCE CO.LTD., OFFICE OF THE REGIONAL MANAGER, HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.M.A.GEORGE RESPONDENT(S): PETITIONERS & RESPONDENT 1 & 2 IN THE OP(MV) ---------------------------------------------------------------------- 1. P.P.BABU, S/O.PHILIP, PULLUKATTU PARAMBIL, KAKKAMTHODE, CHANGANACHERRY. 2. JACOB K.THOMAS, S/O.CHACKO, KARUKAPARAMBIL HOUSE, CHERUKARA KUNNU, CHANGANACHERRY. 3. ABRAHAM THOMAS, S/O.THOMAS, KARUKAPARAMBIL HOUSE, CHANGANACHERRY. ADV. SRI.JOHN VARGHESE FOR R1 SRI.P.M.JOSEPH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3094 OF 2008 = = = = = = = = = = = = = = = Dated this the 9th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)2324/02. The claimant, a rider of a two wheeler was injured when a car hit on his scooter. He moved an application u/s 163A and the Tribunal has awarded him a compensation of Rs.74,700/- and it is against that decision the insurance company has come up in appeal. 2. The learned counsel for the insurance company very strongly contends that since the claimant has claimed Rs.5,000/- as his income applicability of S.163A does not arise for the reason S.163A only applies upto a maximum income of Rs.40,000/- per annum. The Tribunal found the income at Rs.2,500/- and thereby the annual income is Rs.30,000/-. Really in a case of this nature the jurisdiction has to be decided on the basis of the pleadings. But being a social welfare legislation option is given so that injustice is M.A.C.A. 3094 OF 2008 -:2:- not done. Therefore I feel that an opportunity can be given to the claimant to amend the petition so as to bring it within the jurisdiction u/s 163 A in this case. I make it very clear this shall not be treated as a precedent for the reason that the intention of the legislature is to select the forum at least before the stage of trial. But considering the injuries sustained and the finding that income is only Rs.2,500/- I do not want to throw the claim away on technical grounds. So a chance is given for amending the claim petition. 3. The next question is regarding the way in which the matter has been dealt with by the Tribunal. I feel the Tribunal has forgotten the limitations u/s 163A. U/s 163-A a maximum compensation for pain and sufferings even in the case of a grievous injury can be only Rs.5,000/-. The maximum one time medical expenses can be only Rs.15,000/-. The Tribunal is competent to give actual loss of earnings to a maximum period of 52 weeks as the case may be and lastly the loss of earning capacity has to be decided as provided under the Workmen's Compensation Act for the M.A.C.A. 3094 OF 2008 -:3:- reason the permanent disability referred to in S.163-A has got direct nexus with the disability mentioned in the Workmen's compensation Act. The Tribunal did not advert to any of these factors and just proceed to decide the compensation as if it is deciding a case u/s 166. Therefore the procedure is absolutely incorrect and therefore the award is liable to be set aside. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with liberty to the claimant to move an application for amendment of the claim including the income aspect and thereafter the Tribunal to dispose of the matter in accordance with law as per the schedule and the limitations specified therein. Parties are directed to appear before the Tribunal on 11.12.2009. M.N. KRISHNAN, JUDGE. ul/-