IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 MACA.No. 480 of 2003(B) ----------------------- OPMV.236/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/PETITIONER: -------------------------------------- PRADEEP, S/O. PURUSHOTHAMAN NAIR, KEECHERIL HOUSE, THAMBALAKAD, KANJIRAPPALLY, KOTTAYAM. BY ADV. SRI.MADATHIL S.ANILKUMAR SRI.P.K.SIVADASAN NAIR RESPONDENTS: RESPONDENTS: ------------------------- 1. K.G. PURUSHOTHAMN NAIR, S/O. GOPALAN NAIR, KEECHERIL HOUSE, THAMBALAKADU, KANJIRAPPALLY. (OWNER). 2. PRADEEP. S., S/O. SREEDHARAN NAIR, AMBATTU HOUSE, KOTHALA, PAMPADY, KOTTAYAM. (DRIVER). 3. THE ORIENTAL INSURANCE CO.LTD., P.B.NO.168, MATTITHRA BUILDING, BAKER JUNCTION, KOTTAYAM. BY ADV. SRI.ANCHAL C.VIJAYAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 480 OF 2003 -------------------------------------------- Dated this the 16th day of July, 2008 JUDGMENT Ramachandran Nair,J. Heard counsel for the appellant and counsel appearing for the insurance company. Even though under the latest decision of the Supreme Court reported in ORIENTAL INSURANCE COMPANT LTD. V. SUDHAKARAN, (2008) 2 K.L.T. 936, the insurance company is not liable to pay compensation to the pillion rider, counsel for the insurance company submitted that award amount is already deposited. Counsel for the appellant contended that compensation awarded is inadequate particularly because of the disability caused on account of brain injury. However, on going through the award and the short period of hospitalisation, we are not convinced that the appellant has sustained the kind of brain damage projected by him. The appeal therefore fails and is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. 2 kk