IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 MACA.No. 979 of 2008() ---------------------------------- OPMV.2969/2001 of IST ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL,KOZHIKODE .................... APPELLANT/2ND RESPONDENTS: ------------------------------------------------ UNITED INDIA INSURANCE COMPANY LTD. REP. BY ITS ASST.MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONERS 1 TO 4 & RESPONDENTS 1, 3 & 4 RESPECTIVELY: ------------------------------------------------------------------------------------------------------------------ 1. P.PRABHAVATHI, AGED ABOUT 42 YEARS W/O.LATE P.RAJAN, “PUSHARAG”, PATTATHANAM NILAYAM PO.CHALIYAM, KOZHIKODE DIST. 2. P.NIBI RAJ, AGED ABOUT 22 YEARS, D/O.LATE P.RAJAN, DO.DO. 3. P.NIMIRAJ, AGED ABOUT 19 YEARS, D/O.LATE P.RAJAN, -DO.DO.- 4. P.KALLIANI, AGED ABOUT 74 YEARS W/O.LATE UNNIKUTTY, DO.DO. 5. SUBHASH.D., ANANDACHE, 166, HOSUR, KATH GALLI, SHAHAPUR, BELGUM, KARNATAKA. 6. DEVADASAN, PROPRIETOR, M/S.PRIYA CONSTRUCTIONS, PO.SAKTHI NAGAR, RAICHUR DIST., KARNATAKA 7. THE BRANCH MANAGER, THE ORIENTIAL INSURANCE CO.LTD., JASEELA COMPLEX, NILAMBUR ROAD, MALAPPURAM DIST. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.979 of 2008 ===================== Dated this the 23rd day of June, 2008. JUDGMENT Koshy,J. The appellant - Insurance Company challenges the award on two grounds. The first contention raised is that the accident occurred due to the negligence of the drivers of the jeep and tempo van. The Tribunal found that only the driver of the tempo van was charge sheeted. The F.I.R. also shows that there was negligence on the part of the tempo van. The Tribunal found that the accident occurred due to the negligence of the driver of the tempo van. No oral or documentary evidence was adduced by the appellant - Insurance Company or any of the respondents in this regard. In view of the evidence in this case, the Tribunal found negligence on the driver of the tempo van, which was insured by the appellant - Insurance Company. Secondly it was contended that Rs.4,000/- was fixed as monthly income and after deducting 1/3rd, the dependency income to the family was MACA 979/08 -: 2 :- assessed. According to the Tribunal, he was working as a steel fitter in the Karnataka State. He was aged 46 and maintaining a family consisting of his wife, two children and mother. The accident occurred in 2001. Considering the year of accident and the nature of the injuries suffered, we are of the opinion that fixation of monthly income as Rs.4,000/- is not excessive and no interference is called for in the impugned award. The appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 27/6