IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 MACA.No. 1927 of 2007() ----------------------- OPMV.1348/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/2ND RESPONDENT ----------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS: PETITIONERS 1 TO 3 & 1ST RESPONDENT ------------------------------------------------ 1. MANIYAN ACHARI, AGED ABOUT 67 YEARS, S/O PADMANABHAN ACHARI, VELLYARA LAKSHAMVEEDU, PANAVALLY P.O., CHERTHALA, ALAPPUZHA DIST. 2. AMMUKUTTY T.D., AGED ABOUT 59 YEARS, W/O MANIYAN ACHARI, -DO- 3. ASWINI DEV M.M., AGED ABOUT 33 YEARS, S/O MANIYAN ACHARI, -DO- 4. MR. C.S.MURALIDHARAN, CHAKIATH HOUSE, KODAMKULANGARA, THRIPUNITHURA-682301. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.AJITH MURALI THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.Koshy & K. Hema, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M. A.C.A.No. 1927 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 JUDGMENT Koshy, J. A petition under section 163A of the Motor Vehicles Act, 1988 was filed by the legal heirs of a motor accident victim, who died at the age of 19. Tribunal had taken only Rs.1,500/- as his monthly income and awarded a total amount of Rs.1,69,500/-. Question of negligence is not a matter under section 163A, but the contention taken by the Insurance Company is that the appellant Company is not liable to pay compensation as there was only an Act policy and the rider of the motor vehicle was not covered. Since only a third party liability is covered, we agree with the contention that the Insurance Company is not liable to pay. The owner of the vehicle was ex parte before the tribunal and even after getting notice from the court no appearance is made on behalf of the owner of the vehicle. When the appeal came up for admission, stay was granted on deposit of 50% of the amount on or before 31-11-2007. 2. Considering the circumstances of the case and the claimants plight, the above amount already deposited by the Insurance Company can MACA1927/07 2 be recovered from the owner of the vehicle, insured. The deposited amount shall be disbursed to the claimants. Since the deceased was riding the vehicle in the absence of insurance policy, owner and rider are jointly and severally liable. Here, no further amount is payable by the appellant. The appeal is disposed of as above. J.B. Koshy, Judge K. Hema, Judge mn.