IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 MFA.No. 1135 of 2002(C) ----------------------- OPMV.1256/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: 3RD RESPONDENT IN M.V.O.P. ------------------------------------- THE ORIENTAL INSURANCE CO.LTD., THIRUVAMBADI, TRICHUR, REPRESENTED BY THE DEPUTY MANAGER, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, ERNAKULAM,COCHIN - 682 018. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS: CLAIMANTS, RESPONDENTS 2 AND 4 IN M.V.O.P. ------------------------------------------------------- 1. ANNAMMA P.P., W/O.LATE JOSHI JOSEPH, KURUSU VEETTIL, CHUNANGAMVELI, ERUMATHALA P.O. 2. FAVIN (MINOR), AGED 1 ½ YEARS, S/O.LATE JOSHI JOSEPH, KURUSU VEETTIL, CHUNANGAMVELI, ERUMATHALA P.O., REPRESENTED BY THE 1ST RESPONDENT (MOTHER) AS NEXT FRIEND AND GUARDIAN. 3. ELIKUTTY, W/O.JOSE, KURUSU VEETTIL, CHUNANGAMVELI, ERUMATHALA P.O. 4. JOSE, KURUSU VEETTIL, CHUNANGAMVELI, ERUMATHALA P.O. 5. YUSEPH, MANNAYATH VEETTIL, CHUNANGAMVELI, ALUVA. 6. M.V.ABOOBACKER, MANAYIL HOUSE, CHUNANGAMVELI, ALWAYE. R1 BY ADV. SRI.K.JANARDHANAN THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A.No.1135/2002 2 ORDER ON C.M.P.No.7228/2002 IN M.F.A.No.1135/2002 DISMISSED 15/01/2008 Sd/-J.B.KOSHY,JUDGE Sd/- K.M.JOSEPH,JUDGE TRUE COPY P.A.TO JUDGE J.B.KOSHY & K.M.JOSEPH, JJ. ------------------------------------------- M.F.A.NO.1135 OF 2002 ------------------------------------------- Dated this the 15th day of January, 2008 JUDGMENT KOSHY, J. The insurance company filed an appeal against the award of Motor Accidents Claims Tribunal in O.P.(MV) No.1256/95. The application was filed before the Motor Accidents Claims Tribunal by the legal representatives of a 24 year old youngster, who was engaged as a cleaner in the lorry. The driver of the lorry drove the vehicle negligently and it hit against the median of the road and due to injuries sustained in the accident, the cleaner died. His legal representatives filed the application for compensation before the Motor Accidents Claims Tribunal. The Tribunal found that the accident had occurred due to the negligence of the second respondent driver of the vehicle and first respondent was the owner of the vehicle at the time of the accident, insured by the third respondent. The Tribunal awarded a compensation of Rs.2,44,500/- with 9% interest from the date of application till its deposit. The contention of the insurance MFA 1135/02 2 company is that Ext.B1 policy is only an Act policy and as a passenger, the deceased person is not covered under the insurance policy. If he is a cleaner, he is entitled to compensation as per the Workmen's compensation Act and insurance company is liable to pay compensation under the Act. The Tribunal though found that respondents 2, 3 and 4 are legally and severally liable for the claim of the petitioner, respondents 2 and 4 did not file any appeal. It is an admitted fact that he was engaged as a cleaner and therefore, the liability of the insurance company is restricted to the Workmen's Compensation Act under the Statutory policy. The accident happened before the amendment of the Workmen's Compensation Act. Therefore, maximum salary calculated as per the Workmen's Compensation Act is only Rs.1,000/- and he was 24 years old and the relevant factor as per the Workmen's Compensation Act is 218.47. Therefore, compensation payable is 1,000x40/100x218.47=Rs.87,388/-. When the case came up for admission, this Court directed the insurance company to deposit the above amount with 9% interest from the date of application till its deposit. Even though compensation is payable MFA 1135/02 3 from the date of accident till its deposit under the Workmen's Compensation Act. The rate of interest is 12% per annum as the amount was deposited after the amendment of the Act. Compensation is payable when it was due as compensation became due on the date of accident but interest is related to the date of deposit of compensation which was after amendment. The liability of the insurance company is to pay Rs.87,388/- with 12% interest from the date of accident till date of deposit. On the basis of the interim order, the insurance company has deposited Rs.1,22,633/-. Apart from the above, Rs.25,000/- was also deposited as a condition precedent in filing the appeal. Thus, total amount deposited by the insurance company is Rs.1,47,633/-. The amount deposited can be apportioned by the appellant in the same ratio as prescribed by the Tribunal and first appellant is allowed to withdraw her share. But second appellant's share shall be deposited in a nationalised Bank enabling him to withdraw when he attains the age of 21. We are of the opinion that appellant insurance company has deposited the amount due from it and it has no further liability. After deductions, balance amount awarded by the Tribunal can be MFA 1135/02 4 recovered by the claimants from respondents 2 and 4. The award is modified accordingly. The appeal is allowed to the above extent. J.B.KOSHY, JUDGE K.M.JOSEPH, JUDGE csl