IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 488 of 2003() ---------------------------------- OPMV.271/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S):PETITIONERS: --------------------------- 1. MOOSA,AGED 60 YEARS, S/O.YUSUF,RESIDING AT VALAPPU HOUSE, HEROOR,MANGALPADY.(DIED) 2. AYSHA (45 YEARS),W/O.MOOSA, RESIDING AT VALAPPU HOUSE, HEROOR,MANGALPADY,KASARAGOD DIST. *ADDL. APPELLANT 3 TO 10 ARE IMPLEADED. 3. YUSUF HEROOR (37 YEARS), RESIDING AT VALAPPU HOUSE, P.O.HEROOR, MANGALAPPADY, KASARAGODE DISTRICT. 4. BEAFATHUMMA(35 YEARS), RESIDING AT VALAPPU HOUSE, P.O.HEROOR, MANGALAPPADY, KASARAGODE DISTRICT. 5. KADEEJA (33 YEARS, RESIDING AT VALAPPU HOUSE, P.O.HEROOR, MANGALAPPADY, KASARAGODE DISTRICT. 6. MOHAMMED (31 YEARS), RESIDING AT VALAPPU HOUSE, P.O.HEROOR MANGALAPPADY, KASARAGODE DISTRICT. 7. HAFEESA (29 YEARS), RESIDING AT VALAPPU HOUSE, P.O. HEROOR MANGALAPPADY, KASARAGODE DISTRICT. 8. ZUBAIDA (24 YEARS,), RESIDING AT VALAPPU HOUSE, P.O.HEROOR, MANGALAPPADY, KASARAGODE DISTRICT. 9. MAIMOONA (22 YEARS) RESIDING AT VALAPPU HOUSE, P.O.HEROOR MANGALAPPADY, KASARAGODE DISTRICT. M.A.C.A. NO.488/2003 10. AFATH RAZIYA (18 YEARS), RESIDING AT VALAPPU HOUSE, P.O.HEROOR , MANGALAPPADY, KASARAGODE DISTRICT. *IST APPELLANT DIED. 2ND APPELLANT IS RECORDED ANS ADDL. APPELLANTS 3 TO 10 ARE IMPLEADED AS LEGAL REPRESENTATIVES OF THE DECEASED IST APPELLANT AS PER ORDER DT. 9.3.04 IN IA. 2886/03. BY ADV. SMT.R.PADMAKUMARI RESPONDENT(S): RESPONDENTS: ---------------------------- 1. HASHIM PANNARA, S/O. SOOPY, KELOTH, P.O.VADAGARA. 2. THAIKANDI VALAPPIL T.V.UNNDERKUTTY, S/O.ABDULLA, MUKRI VALAPPIL HOME, BEACH ROAD, VADAGARA. 3. THE MANAGER, NEW INDIA ASSURANCE CO.LTD VADAGARA BRANCH, MUBARAK BUILDING, VADAGARA. ADV. SMT.T.D.RAJALAKSHMI. FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss J.B.KOSHY & THOMAS P. JOSEPH, JJ. ================================ M.A.C.A.No.488 of 2003- B =============================== Dated this the 4th day of December, 2008. J U D G M E N T KOSHY, J. The unfortunate parents of a boy aged 24 years who sustained fatal injuries in a motor accident approached the Tribunal claiming compensation for Rs.2,50,000/-. Tribunal found that compensation payable is Rs.2,92,500/- but awarded only Rs.2,50,000/- as claimed, with interest. Tribunal also found that the accident occurred due to the negligence of the driver of the mini lorry and that the offending vehicle was insured by the 3rd respondent/insurance company. The claim was filed under Section 163-A. Once claim is adjudicated under Section 163-A, Tribunal has to give compensation as prescribed under the 2nd schedule and it has to calculate compensation as per Section 163-A. Tribunal cannot reduce the amount merely because a lesser amount was claimed. In Nagappa v. Gurudayal Singh and Others (AIR 2003 SC 674) Supreme Court held that, notwithstanding the amount claimed, it is the duty of the Tribunal M.A.C.A.No.488 of 2003- B 2 to grant just and reasonable compensation. In this case, the claim is under Section 163-A. Tribunal has no option but to grant compensation as per 2nd schedule. Therefore, claimant is entitled, and allowed to realise Rs.42,500/- more as compensation with rate of interest as awarded by the Tribunal. It is submitted that during the pendency of the appeal, 1st appellant died and his legal heirs are impleaded. In the above circumstances on deposit of compensation, mother of the deceased is allowed to withdraw the additional compensation. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE bkn/-