IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 MACA.No. 763 of 2004() ---------------------- OPMV.2005/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANT/PETITIONER: ------------------------------------- MUHAMMED SALI S/O MUHAMMED KOYA, PARRATH VEEDU, PANOUR, THRIKKUNNAPUZHA PANCHAYATH, WARD NO.5, ALAPPUZHA. BY ADV. SRI.JOHN BRITTO SRI.C.A.RAJEEV RESPONDENTS/RESPONDENTS: ------------------------ 1. RAJU A., S/O. ACHUTHAN, MUNDANPARAMBU VEEDU, R.S.PURAM, PALLANA, THRIKKUNNAPUZHA. 2. P.ABRAHAM, ULLAPILLY, PUTHENPURA, PERUMBALLOOR P.O., MUVATTUPUZHA. 3. THE ORIENTAL INSURANCE CO. LTD., REPRESENTED BY ITS BRANCH MANAGER, ALAPPUZHA. BY ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/08/2008, HE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- M.A.C.A.NO.763 OF 2004 (G) ----------------------------------- Dated this the 8th day of August, 2008 J U D G M E N T KOSHY,J. Appellant/claimant, at the age of 20, sustained injuries in an accident while he was travelling in a lorry as a cleaner. According to him, driver of the lorry was negligent and as a result of the accident, he was thrown out of the lorry and he sustained serious injuries. The 3rd respondent Insurance company had insured the lorry. He claimed a compensation of Rs.2 lakhs. Tribunal awarded only a compensation of Rs.41,000/- with 7.5% interest from the date of petition till realisation and cost of Rs.750/-. According to the claimant, the amount awarded was not adequate. He also claimed that he was getting Rs.4,500/- as the monthly income. He was aged 20 years. Accident occurred in 1997. Tribunal did not believe that his monthly income was Rs.4,500/- at the young MACA.763/04 2 age of 20, and fixed only Rs.1,500/- as the monthly income. He produced a medical certificate issued by the Doctor, assessing 15% permanent disability. After considering the injuries suffered by him as shown in the medical certificate, tribunal fixed only 5% as the occupational disability and calculated compensation. Admissible medical bills were reimbursed. The Insurance company has got a case that if he is only a passenger, he will not be entitled to any compensation as he was travelling in a goods vehicle. He is admittedly not a third party even if he is an employee. According to him, he was employed as a cleaner in the lorry which was involved in the accident. If he is a cleaner, he is entitled to compensation only as provided under the Workmen's Compensation Act, as he cannot be treated as a third party or a passenger. Under the Workmen's Compensation Act, if compensation is calculated accepting 15% disability as claimed by the petitioner, amount calculated for a workman as per the provisions of the Act, as existed on 23.9.1997, the date of accident will be Rs.40,320/-, that is less than the amount awarded by the tribunal. MACA.763/04 3 Insurance company did not file any appeal. Since just and reasonable compensation is awarded, we are of the opinion that no interference is required, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008