IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 MACA.No. 173 of 2008() ------------------------------ OPMV.298/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT/ 2ND RESPONDENT: ------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS ASST. MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/PETITIONERS 1 TO 4 & ADDL.PETITIONERS 5-11, IST RESPONDENT & ADDL. RESPONDENTS 3 TO 6: ----------------------------------------------------------------------------------------------------------------------- 1. MANJU KURUVILA, W/O.K.K.KURUVILA, FLAT NO.3 SAFA TOWERS, RAJALEKSHMI NAGAR, PATTOM, THIRUVANANTHAPURAM. 2. SARAH KURUVILA, D/O.K.K.KURUVILA, AGED ABOUT 12 YEARS, REPRESENTED BY MOTHER MANJU KURUVILA, -DO- 3. MARIA KURUVILA, D/O.K.K.KURUVILA, AGED ABOUT 1O YEARS, REPRESENTED BY MOTHER MANJU KURUVILA, -DO- 4. PENNAMMA KURUVILA, M/O.K.K.KURUVILA, -DO-, -DO-.(DIED). 5. SALICE KURUVILA, D/O.PENNAMMA KURUVILA, TC 28/886, KAITHAMUKKU, PETTAH P.O., THIRUVANANTHAPURAM 6. PHILIP KURUVILA, S/O.PENNAMMA KURUVILA, ARONNIL HOUSE, PAZHAVANGADI P.O., RANNI 689 673. 7. RAJUKURUVILA, S/O.PENNAMMA KURUVILA, -DO- MACA. NO.173/2008 8. JACOB KURUVILA, S/O.PENNAMMA KURUVILA, -DO-. 9. DAISY SAMUEL, D/O.PENNAMMA KURUVILA, SHARIKA HOUSE, KEEZHALLOOR, THALIPARAMBU, CANNANORE. 10. SHERLY JOY, D/O.PENNAMMAKURUVILA, KAVANNAL, ASHOKA ROAD, KALOOR P.O., COCHIN. 11. SHEELA MATHEW, D/O.PENNAMMAKURUVILA, ARONNIL HOUSE, PAZHAVANGADI P.O., RANNI-689 673. 12. SUNIL KUMAR FENN, MANAGING PARTNER, M/S.GATEWAY SYSTEMS, T.C.11/781, VAYAL ROAD, PLAMOODU, THIRUVANANTHAPURAM. 13. GISU ABRAHAM JOSEPH, T.C.27/549, ANDOOR, THAMPURANMUKKU, VANCHIYOOR, KUNNUKUZHY P.O., THIRUVANANTHAPURAM. 14. THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, THIRUVANANTHAPURAM. 15. PEERU MOHAMMED, T.C. 35/1245, P.D.NAGAR, VALLAKADAVU, THIRUVANANTHAPURAM. 16. M/S.NEW INDIA ASSURANCE CO. LTD., DIVISIONAL OFFICE, THIRUVANANTHAPURAM. BY ADV. SRI.BECHU KURIAN THOMAS-R1 TO R3, R5 TO R10 SRI.P.RADHAKRISHNAN (1) - R12 SRI.MADHU RADHAKRISHNAN - R12 SRI.P.G.GANAPPAN - R16 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== M.A.C.A.No.173 of 2008 ===================== Dated this the 13th day of June, 2008. JUDGMENT Koshy,J. This appeal is filed by the Insurance Company challenging the award of the Motor Accidents Claims Tribunal. The first ground of challenge is that the deceased was a passenger in a car and he is not covered under the policy. No such contention was taken by the appellant - Insurance Company before the Tribunal. The insurance police was not produced. The learned counsel for the appellant submitted that pleadings are not at all important in a motor accident claim. We are unable to accept the above contention in view of the various Supreme Court decisions - see New India Assurance Company Ltd. v. Kiran Singh and others - 2004 AIR SCW 4212. After accepting the coverage of the vehicle by valid policy of insurance, if there is any limitation of liability or exclusion of liability, it is open for the Insurance Company to specifically plead and prove the same. Without MACA 173/08 -: 2 :- making out pleadings and without even producing the insurance policy before the Tribunal, it cannot be contended in appeal that there was exclusion of liability as per the policy conditions. 2. The second contention is that the amount awarded is high. The deceased was a Scientist in V.S.S.C. and earning Rs.21,585/- per month. Ext.A8 is the copy of the certificate evidencing that has been admitted to the Degree of Bachelor of Technology for Mechanical in First Class with Distinction. Ext.A9 is the Degree of Master of Engineering in Mechanical Engineering passed from the Indian Institute of Science, Bangalore. He was drawing a salary of Rs.21,585/- as per Ext.A11. The Tribunal while calculating the multiplicand, deducted H.R.A. and tax liability and the net income alone was taken into account. The Tribunal did not consider the future prospects or the normal increment and the amount due if he continued in service upto the date of retirement. He was only aged 37 at the time of death. He had two minor children apart from wife. The Tribunal has fixed 16 as the multiplier. The Tribunal has fixed the above taking the guidance of the 2nd Schedule. A 3 member Bench of the Supreme Court in Smt. Supe Dei and others v. M/s. MACA 173/08 -: 3 :- National Insurance Co. Ltd. and another - JT 2002 (Suppl.1) SC 451 held that the 2nd schedule should be taken as guidance for calculating compensation under Section 166 of the Act. See also APSRTC v. Pentaiah Charg - 2007 AIR SCW 5689. Hence, we are of the opinion that no interference is required in the impugned award. The quantum of compensation awarded is only just and reasonable on the facts and circumstances of the case. The appeal is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 13/6