IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 MACA.No. 3157 of 2009() ----------------------- OPMV.747/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): 2ND RESPONDENT: ------------------------------------------------------- NATIONAL INSURANCE CO. LTD., HIGH LANE PLAZA, M.G. ROAD, KASARAGOD, POST KASARAGOD. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANT AND R1: --------------------------------------------------------- 1. NOUFAL, S/O. S. MOHAMMED, AGED 21 YEARS, RESIDING AT NOUFAL MANZIL, ALAMPADY VILLAGE, POST ALAMPADY, KASARAGOD TALUK. 2. AHAMMED KABEER.M.G, S/O. ABDUL KHADERR.M.A, RESIDING AT MENATH HOUSE, POST ALAMPADY, MUTTATHODY VILLAGE, KASARAGOD TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.3836/2009 IN MACA NO.3157/2009 DISMISSED 15/09/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.3157 OF 2009 ............................................. Dated this the 15th day of September, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kasaragod in OP(MV)No.747/2005. Claimant is the son and while he was riding as a pillion rider sustained injuries and therefore he has filed a petition under Section 163 A of the Motor Vehicles Act for compensation. He has shown the income at Rs.5,000/= per month and it has not been amended. He is the owner of the vehicle, still he has filed an application under Section 163 A. There is no disability for him even then an application is entertained. 2. After reading the award, I am convinced that the Tribunal has disposed of the matter as if she was trying to dispose of an application under 166 of the Motor Vehicles Act. The Tribunal had raised an issue and had entered into a finding regarding negligence which is totally against the provisions under Section 163 A of the Motor Vehicles Act. Section 163 A of the Motor Vehicles Act enables a person to claim compensation from the owner or the insurance : 2 : M.A.C.A.NO.3157 OF 2009 company, if he sustains permanent disablement as contemplated under the provisions of the Workmen's Compensation Act which is clarified by the explanation to Section 163 A of the Motor Vehicles Act. I am afraid that the Tribunal has totally missed the point and entertained an application which was totally not maintainable. An application filed under Section 163 A is not maintainable on the following points.: i. The injured is the owner of the vehicle involved in the accident and he is claiming compensation from his insurance company which is totally opposed to law. ii. He has shown his income as Rs.5,000/= and no amendment is made which makes the jurisdiction of the Tribunal under Section 163 A ousted for the reason that income is more than Rs.40,000/=. iii. The Tribunal itself has found that there is no disability for the claimant. Under Section 163 A sine quo non for making an application under Section 163 A is the permanent disablement as contemplated under Workmen's Compensation Act. : 3 : M.A.C.A.NO.3157 OF 2009 Therefore from these discussions I have absolutely no hesitation to hold that the Tribunal has totally erred in entertaining and granting compensation. Therefore, the appeal is allowed and the claim petition is dismissed. If any amount is deposited by the insurance company, let it be reimbursed to the insurance company on appropriate application. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.3157 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of September, 2010. J U D G M E N T