IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 474 of 2008() ---------------------- OPMV.1418/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THIRUVANANTHAPURAM .................... APPELLANT/ RESPONDENT NO.2 --------------------------------------- M/S.UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE NO.II, MALANKARA BUILDING, VJT HALL ROAD, PALAYAM, THIRUVANANTHAPURAM, NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, ERNAKULAM, KOCHI-11. BY ADV. SRI.S.MAMMU RESPONDENTS/PETITIONER AND RESPONDENT NOS. 1,3 & 4 ----------------------------------------------------- 1. ALIYASAR @ ALIYAS, S/O.JOSEPH, SHIBU BHAVAN, HOUSE NO.VP XI/566, PANTHUKALAM, KODUNGANOOR P.O., THIRUVANANTHAPURAM. 2. THE PRESIDENT, TRIVANDRUM SOCIAL SERVICE SOCIETY, BISHOP'S HOUSE COMPOUND, P.B.NO.828, VELLAYAMBALAM, THIRUVANANTHAPURAM. 3. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM-23. 4. SREEKANTAN NAIR, S/O.SANKARA PILLAI, OLIPPUVILA PUTHAN VEEDU, UMAYANELLOOR, KOLLAM, PRESENTLY WORKING AS DRIVER, KSRTC, THAMPANOOR, THIRUVANANTHAPURAM. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.SAIJO HASSAN FOR R1 SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 474/08 ORDER ON IA No. 581/08 IN MACA No.474/08 DISMISSED 23.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 474 OF 2008 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred by the Insurance Company against the award passed by the Motor Accident Claims Tribunal, Thiruvananthapuram, in OP(MV) 1418/02. The claimant, the driver of the tempo van, sustained injuries in an accident when the tempo van driven by him hit on the back of a KSRTC bus. In the connected awards, negligence has been found against the claimant and therefore he had preferred this application under section 163A of the Motor Vehicles Act. The Tribunal after consideration of the materials, awarded a compensation of Rs.19,300/- with 7.5% interest. It is against that decision, the appellant has come up in appeal. 2. Learned counsel argues that the driver is not covered by the policy. A perusal of Section 147 of the Motor Vehicles Act itself would reveal that no special premium is required to be paid to cover the driver. Therefore, that contention cannot be accepted. The Tribunal found that though the disability is assessed as 9% it is on the higher side and therefore took it only as 4%. The Tribunal only MACA No. 474/08 2 took a very nominal income of Rs.1,500/-per month for a driver. It only applied a multiplier of 15 and only took two month's loss of earning and granted a sum of Rs.5,000/- towards pain and suffering considering the fact that it is grievous injury. Therefore, the compensation awarded is absolutely just and equitable. There is liability for the Insurance Company as well. Therefore the award does not call for any interference. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No. 474/08 3