IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 MFA.No. 330 of 1997() --------------------- OPMV.445/1991 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT: 3rd RESPONDENT: ----------- THE NEW INDIA ASSURANCE CO. LTD., REP. BY ABDULLAKOYA, DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI – 11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONERS 1 TO 4 & RESPONDENTS 1 & 2 ------------- 1. LAKSHMI, W/O. LATE ANDI KONAR, JYOTHI NAGAR, NEAR THANKAM THEATRE, POLLACHI. 2. THANKAMANI, D/O.LATE ANDI KONAR, JYOTHI NAGAR, NEAR THANKAM THEATRE, POLLACHI. 3. VIJAYAM, S/O. LATE ANDI KONAR, JYOTHI NAGAR, NEAR THANKAM THEATRE, POLLACHI. 4. MINOR SABARIMANI, S/O.LATE ANDI KONAR, JYOTHI NAGAR, NEAR THANKAM THEATRE, POLLACHI, REP. BY MOTHER & NATURAL GUARDIAN LAKSHMI. 5. ELIAMMA KURIAKOSE, W/O.KURIAKOSE, KULASSERIYIL HOUSE, POOVANCHIRA P.O. THRISSUR. 6. P.K.MOHANAN, S/O.KUNJAPPAN, PULIYARKUZHI HOUSE, P.O.CHUVANNAMANNU, POOVANCHIRA, THRISSUR BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.No.330 of 1997 ------------------------------- Dated this the 11th February, 2008. J U D G M E N T The 3rd respondent, Insurer, in O.P.(M.V.) No.445/1991, on the file of the Motor Accidents Claims Tribunal, Trichur, is the appellant. Respondents 1 to 4 filed the original petition claiming compensation on account of death of Late.Sri.Andi Konar, who was the husband for first respondent and father of respondents 2 to 4. He met with an accident on 21.10.1990 and succumbed to the injuries. Respondents 1 to 4 though claimed a larger amount, when the matter came up for evidence, conceded that an award under Section 140 (2) of the Motor Vehicles Act alone need be passed. The Tribunal accepted that contention and passed an award under Section 140(2) of the Motor Vehicles Act, by which an amount of Rs.50,000/= was awarded as compensation. Appellant, Insurer, was directed to pay the amount. Challenging the quantum of compensation awarded, 3rd respondent, Insurer, has filed this appeal. M.F.A.No.339/1997 2 2. The only contention raised by the appellant is that accident occurred prior to 14.11.1994, and as per Section 140 of the Motor Vehicles Act, the maximum compensation payable on account of death, at the relevant period was Rs.25,000/=, and not Rs.50,000/=. The accident occurred in the year 1990. On that date, the compensation payable under Section 140 of the Motor Vehicles Act was Rs.25,000/=. The same was amended with effect from 14.11.1994, from which date, the quantum of compensation was enhanced to Rs.50,000/=, but that amendment has no retrospective effect. Therefore, the Tribunal went wrong in awarding Rs.50,000/= as compensation. Hence, the compensation payable to respondents 1 to 4 is modified as Rs.25,000/= with 9% interest from the date of petition till the date of deposit. M.F.A.No.339/1997 3 In the result, the appeal is allowed in part. Award passed by the Tribunal is modified and reduced to Rs.25,000/= with 9% interest as compensation from the date of petition, till the date of realisation. The Insurer is directed to deposit the above amount in favour of the respondents. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- M.F.A.No.330 of 1997 J U D G M E N T Dated: 11th February, 2008. -------------------------------