IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 MACA.No. 1027 of 2008 --------------------------------- O.P(MV).NO.861/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA. .................... APPELLANTS/ RESPONDENTS 2 & 4 IN O.P: -------------------------------------------------------------- 1. UNITED INDIA INSURANCE CO.LTD, DIVISIONAL OFFICE, KOTTAYAM, REPRESENTED BY THE ASSISTANT MANAGER, UNITED INDIA INSURANCE CO.LTD REGIONAL OFFICE, ERNAKULAM, SARANYA, HOSPITAL ROAD KOCHI-11. 2. UNITED INDIA INSURANCE CO.LTD, PONKUNNAM,DO....DO... BY ADV. SRI.A.R.GEORGE. RESPONDENTS/ CLAIMANTS & RESPONDENTS 1 & 3 IN THE O.P: --------------------------------------------------------------------------------------------- 1. RASHIMOL K.M., W/O. ANOOP, THOPPUPRARAMBIL HOUSE, MUNDAKKAYAM EAST PO, KANJIRAPPALLY VIA. 2. ASSIS, THOPPUPRARAMBIL HOUSE, DO..DO... 3. SUDHEENA V.M.,W/O. LATE ANSU T ASSIS, RESIDING AT THOPPUPRARAMBIL HOUSE, DO..DO... 4. ADHIL SHA ANSU (MINOR) DO..DO.. 5. ALSANIA ANSU, (MINOR) DO...DO... 6. P.M. NABEESA, THOPPUPRARAMBIL HOUSE, MUNDAKKAYAM EAST PO, KANJIRAPPALLY VIA. M.A.C.A. NO. 1027/2008: 7. K.C. RAJAN, S/O. CHELLAPPAN, KATTILETHU HOUSE, R.P.C.PO, KEECHANPARA, MUNDAKKAYAM. (MINOR RESPONDENTS 4 & 5 ARE REPRESENTED BY THEIR NEXT FRIEND AND GUARDIAN THE 3RD RESPONDENT) (THE ORIGINAL 3RD CLAIMANT - ANSU T ASSIS DIED, AND RESPONDENTS 3 TO 5 ARE HIS LEGAL HEIRS) BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.A.C.A.NO.1027 OF 2008 () ----------------------------------- Dated this the 4th day of June, 2008 J U D G M E N T KOSHY,J. A young man of 30 years sustained fatal injuries while his motor cycle collided with a lorry insured by the appellant Insurance company. His wife and two minor children alongwith parents applied for compensation under Section 163A of the Motor Vehicles Act. According to the appellants, his vehicle was parked in a right side and deceased hit the vehicle. Whether appellant parked the vehicle correctly in the road with traffic light etc. is not considered by the tribunal, because application was under Section 163A. Section 163A provides strict liability. The matter is covered by the decision in Shivaji Dayana Patil v. Vatschala Uttam More (1991 ACJ 777 (SC)) as 163A provides strict liability, negligence need not be looked into (See also Deepal GirishBhai Soni and others v. United India Insurance Co. Ltd., Baroda ((2004) 5 SCC 385) (paragraph 42)). Learned Counsel for the appellant relies on the decision in Oriental Insurance MACA.1027/08 2 Co. Ltd. v. Meena Variyal (2007 (5) SCC 428). There the claim was filed not by the third party. Here the appellant and the offending vehicle is concerned, deceased was a third party. Further, in that case the claimant was the owner of the vehicle claimed insurance coverage from its own insurance company. On that contention, Supreme Court held that vicarious liability cannot be indemnified whether claim is 166 or 163A. Here the appellant is a third party as far as the owner of the offending vehicle is concerned. Question of negligence on the part of the parking vehicle was not considered because it is claim under 163A. In this case, we also record the decision of the Full Bench in National Insurance Co. Ltd. v. Malathi C. Salian (2003 (3) KLT 460 (F.B.)) (See also National Insurance Co. Ltd. v. Muneer (2003 (1) KLT 137). We see no ground to interfere in the impugned award, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008