IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 MFA.No. 57 of 2001(B) --------------------- OPMV.863/1990 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT: ---------------- 1. S. SOBHANA, W/O.R.PRABHAKARAN, S.R. HOUSE, AROOR, PONGANADU P.O., KILIMANOOR. 2. S.PRAVEEN, S/O. LATE R.PRABHAKARAN, S.R. HOUSE, AROOR, PONGANAD P.O., KILIMANOOR. 3. S. PRIYA, D/O. LATE R.PRABHAKARAN, S.R. HOUSE, AROOR, PONGANAD P.O., KILIMANOOR. 4. CHELLAMMA, W/O. RAMAKRISHNAN (DIED) THADATHARIKATTU VEEDU,KODAMPLACHI, MUTHUVILA P.O., KALLARA, (MOHTER OF THE DECEASED) (MINOR APPELLANTS 2 AND 3 ARE REPRESENTED BY THEIR MOTHER AND GUARDIAN S. SOBHANA -1ST APPELLANT) BY ADV. SRI.MADATHIL S. ANILKUMAR RESPONDENTS: ------------------- 1. SHAJI, SHAJI VILASOM, MULAKKALATHUKAVU, AROOR, PONGANAD, KILIMANOOR. 2. K.S.RASHEEDA, LEENA BUILDINGS, VENGARAMOODU P.O., TRIVANDRUM. 3. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., TRIVANDRUM. R3 BY ADV. SRI.P.R.RAMACHANDRA MENON THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 57 of 2001 -------------------------------------------- Dated this the 10th day of January, 2008. JUDGMENT Koshy, J: Appellants are unfortunate legal representatives of a deceased motor accident victim. The Tribunal awarded a total compensation of Rs.1,38,000/- with interest and cost. After perusing the insurance policy, the Tribunal found that the deceased being a passenger of a jeep, the liability was limited to Rs.15,000/- as per the terms of the policy and the insurance company is directed to deposit that amount and the balance amount was directed to be realised from the owner and driver. Since the policy of insurance clearly states the limitation of liability, it was specifically pleaded and proved, we are of the opinion that no interference is required. Appeal is dismissed. SD/- J.B.KOSHY, JUDGE. SD/- Krs. K. HEMA, JUDGE. J.B. KOSHY & K. HEMA, JJ. -------------------------------------------- M.F.A.No. 57 of 2001 -------------------------------------------- 10th day of January, 2008. JUDGMENT