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 9TH JUNE 2008 / 19TH JYAISHTA 1930 MFA.No. 1240 of 2002(E) ------------------------ OPMV.1012/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANTS/PETITIONERS :- ----------------------------- 1. ARMUGHAN, AGED 45 YEARS S/O. VELU, VALIYAPARAMBATHE HOUSE, ERANHIMANGAD POST, MYLADI, NILAMBUR. 2. SAROJINI W/O. ARMUGHAN, VALIYAPARAMBATHU HOUSE, ERANHIMANGAD POST, MYLADI, NILAMBUR BY ADV. SRI.BABU S. NAIR SMT.ANJU DIVAKAR RESPONDENTS/RESPONDENTS :- ---------------------------------- 1. A.K.UMMER, S/O. MOHAMMED, ANDIKAQTIL HOUSE, MELMURI POST, MALAPPURAM DISTRICT 2. V.ABOO HAJI S/O. KUNHAMMED, PWD CONTRACTOR, DOWN HILL, MALAPPURAM DISTRICT 3. UNITED INDIA INSURANCE COMPANY LTD., MALAPPURAM DISTRICT BY ADV. SRI.THOMAS ANTONY - R1&2 SRI.P.SANKARANKUTTY NAIR - R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.1240 of 2002 & Cross Objection ===================== Dated this the 9th day of June, 2008. JUDGMENT Koshy,J. Son of the appellants died in a motor accident on 21.11.1994. He was a Cleaner employed in a lorry driven by the first respondent and owned by the second respondent. While he was entering into the lorry, according to the claimants, the Driver moved the vehicle. He fell down and rear left wheel of the vehicle ran over his head and he succumbed to the injuries. The Tribunal found that the accident occurred in the course of employment and due to the negligence of the first respondent. The total amount of compensation awarded was Rs.1,80,000/-. 2. He was unmarried. The father and mother were the only claimants. In the absence of evidence regarding income, Rs.1,500/- was taken as monthly income on a notional basis and Rs.500/- was deducted for his personal expenses. The Tribunal has taken into account the age of the parents to find out the MFA 1240/02 & Cross Appeal -: 2 :- multiplier. Considering the fact that he is unmarried, the total compensation of Rs.1,80,000/- is just and reasonable though the deceased was an earning member. There was insurance policy. It was found that the workmen compensation liability of the Cleaner alone was covered by the insurance policy and therefore, the amount payable under the Workmens' Compensation Act was directed to be paid by the Insurance Company and the balance by the Driver and the Cleaner jointly and severally. The driver of the vehicle and the owner filed a cross objection for fixing the entire liability on the Insurance Company. It has been held by the Supreme Court in Ramashray Singh v. New India Assurance Co. Ltd. & others - A.I.R. 2003 S.C. 2877 that a Cleaner or an employee will not come under the meaning of a third party. There is no statutory liability to cover a Cleaner or employer except the liability under the Workmens' Compensation Act and the Insurance Company is liable to compensate only as per the terms of the policy conditions. The Insurance Company is liable to pay compensation as per the provisions of the Workmens' Compensation Act only. We are of the opinion that the award of the Tribunal is just and reasonable and no MFA 1240/02 & Cross Appeal -: 3 :- interference is required. For the reasons mentioned above, both the appeal and the Cross Objection are dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 10/6