IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 MACA.No. 1277 of 2004 -------------------------- OPMV.1383/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): APPELLANTS/PETITIONERS: ----------------------------------------------- 1. P.N.SHARADAMMAL, KARUNA BHAVAN, MARIAPPALLY P.O., KOTTAYAM. 2. K.K.SREEVIDYA, KARUNA BHAVAN, MARIAPPALLY P.O., KOTTAYAM. 3. K.K.VINOSH, S/O. P.N.SHARADAMMAL, KARUNA BHAVAN, MARIAPPALLY P.O., KOTTAYAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SMT.RESHMI POULOSE RESPONDENT(S): RESPONDENTS: ------------------------------------ 1. M.RAJENDRAN, S/O. MUTHUSWAMY, R.NO.3989/A21/D1, WORKSHOP COLONY, METTU DAM. 2. K.S.KAVERI, MUDALIAR, 227 ANNAPET MAIN ROAD, SALEM-1 (DECEASED). - DELETED THE NAME OF SECOND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DT. 11/2/2010 IN IA.363/2010. 3. UNITED INDIA INSURANCE CO. LTD., REP. BY DIVISIONAL MANAGER, SALEM. 4. K.BALASUBRAMANIAM, S/O. KAVERI MUDALIAR, 227 ANNAPET MAIN ROAD, SALEM-1. ADV. SRI.SIBY MATHEW FOR R3 SRI.PHILIP J.VETTICKATTU FOR R3 SRI.B.PREMNATH (E) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1277 of 2004-C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of May, 2010 Judgment Basheer, J: This appeal is at the instance of the claimants in a petition for compensation filed under section 166 of the Motor Vehicles Act, 1988. The appellants who are the wife and children of the deceased victim of the accident claimed a total sum of Rs.6 lakhs from the owners and drivers of the two vehicles involved in the accident. It was contended by them that the Insurance Company which had issued a valid policy cover in respect of the two vehicles were liable to indemnify the owners and drivers of the two vehicles. 2. The Tribunal after considering the oral and documentary evidence adduced by the parties passed an award for a sum of Rs.2,64000/- with 6% interest thereon. Respondents 1, 3 and 4 were directed to pay the compensation to the appellants. While fixing the quantum of compensation the Tribunal held that the drivers of the lorry and van involved in the accident were negligent to the extent of 80: 20 and accordingly directed that the insurer of the lorry shall pay 80% of the compensation . However since the deceased was travelling in the van, the Tribunal held that IMACA.1277/2004. : 2 : 20% of the amount of compensation shall be deducted. The said direction is impugned in this appeal. 3. Learned counsel for the appellant while questioning the correctness of the above finding apportioning negligence of the two drivers submits that even assuming the van driver had been negligent to the extent of 20% as found by the Tribunal, there was no justification to make any deduction from the amount of compensation payable to the legal heirs of the deceased. There is considerable force in the above contention. 4. It may be noticed that there is not even an iota of evidence in the case to show that the victim had contributed to the accident in any manner. Admittedly he was a “helper” and he was travelling in the ill fated van which happened to collide with the lorry. There was not even an allegation by the Insurance Company or the driver or owner of the van that the deceased had in any way contributed to the accident. 5. In that view of the matter we have no hesitation to hold that no deduction can be made from the amount of compensation which the legal heirs are found eligible to get, on the ground that the driver of the vehicle in which the deceased was travelling had also contributed to the accident. Therefore the IMACA.1277/2004. : 3 : direction issued by the Tribunal to deduct 20% of the contribution from the awarded amount is set aside. The Insurance Company shall pay the entire amount of compensation to the appellants without making any deduction. It will be open to the Insurance Company to recover the 20%, if so advised, from the owner and driver of the van involved in the accident. As far as the rate of interest is concerned, we are of the view that the Insurance Company is liable to pay interest at the rate of 7.5% and not at the rate of 6% as directed by the Tribunal. The appeal is allowed to the above extent. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.