IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 MACA.No. 950 of 2006 ------------------------------- OPMV.130/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE ........................................ APPELLANT/2ND RESPONDENT -------------------------------------------- THE BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED, MANJERI, NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) SRI. JACOB MATHEW P RESPONDENTS: PETITIONERS AND IST RESPONDENT ----------------------------------------------------------------------------- 1. P.SAFIYA, W/O.LATE MUHAMMED KUTTY, POKKILINTAKATH HOUSE, CHALIYAM.P.O, KOZHIKODE. 2. P.ALI ASKAR (MINOR), S/O.LATE MUHAMMED KUTTY, DO. DO., REP. BY THEIR MOTHER P.SAFIYA. 3. P.ARIFA (MINOR), D/O.LATE MUHAMMED KUTTY, DO. DO., REP. BY THEIR MOTHER P.SAFIYA. 4. P.RASHEED (MINOR), S/O.LATE MUHAMMED KUTTY, DO. DO., REP. BY THEIR MOTHER P.SAFIYA. 5. P.KUNHIMOL, W/O.P.MOOSA, DO. DO. 6. P.MOOSA, S/O.ISMAYIL KUTTY, DO. DO. MACA NO. 950/2006 A 7. P.SAIDALAVI, S/O.MOOSA, DO. DO. BY ADV. SRI.JACOB ABRAHAM - R1 TO R6 SRI.P.V.KUNHIKRISHNAN -- R7 SMT.BINDU GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- M.A.C.A.No.950 OF 2006 ------------------------------------- Dated 3rd March, 2008 JUDGMENT Koshy,J . Insurance company is challenging the award of the Motor Accidents Claims Tribunal in O.P.(M.V)No.130 of 1998. The application was filed by a young widow along with three minor children aged 3 to 8 years and parents claiming compensation for the death of her husband in a motor accident at the age of 33. Occurrence of accident, coverage of the offending vehicle by the appellant insurance company etc. are not disputed. Tribunal has awarded only Rs.2,55,000/= as compensation with 6% interest from the date of application. Quantum of compensation is not disputed. The only dispute is regarding the liability to pay compensation as there was negligence on the part of the deceased. According to the claimants there was no negligence on the part of the deceased and it was a pure accident. Claim was filed under section 163A of the Motor Vehicles Act. When claim is filed under section 163A, question of negligence need not be looked into by the Tribunal. In other words, it is not the duty of the Tribunal to find out whether the accident occurred due to the negligence of the driver or owner of the vehicle concerned. A Full Bench of this court in National Insurance Co. Ltd. MACA.950/2006 2 v. Malathi C. Salian (2003 (3) KLT 360 (F.B.)) after analysing various case laws held that Insurance company cannot defeat a claim under Section 163A on the ground that the death or disablement had occurred due to the wrongful act, neglect or default on the part of the deceased or the disabled person. Here, the only contention raised by the appellant is that the accident occurred due to the negligence of the deceased and hence his dependants are not entitled to compensation. In view of the above Full Bench decision, insurance company cannot contend that aspect. There is no merit in the appeal. The appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tksl