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 13TH AUGUST 2008 / 22ND SRAVANA 1930 MACA.No. 1437 of 2004(B) ------------------------ OPMV.537/1997 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPELLANT/2DN RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT(S): CLAIMANTS ------------------------ 1. GRACY THOMAS W/O. LATE SEBASTIAN K., MATHILAKATHIL HOUSE, PUTHENPURAYIL ROAD, PALARIVATTOM DESOM, EDAPALLY SOUTH VILLAGE. 2. SAGY M.SEBASTIAN S/O. LATE SEBASTIAN K., DO. DO. 3. SIGY M.SEBASTIAN D/O. LATE SEBASTIAN K., DO. DO. (NO RELIEFS ARE CLAIMED AGAINST THE 1ST RESPONDENT IN THE ABOVE ORIGINAL PETITION AND HENCE HE IS NOT MADE A PARTY IN THIS APPEAL) BY ADV. SRI.V.G.ANTONY FOR R1 TO 3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 1437 OF 2004 -------------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Ramachandran Nair,J. The Appeal arises from the award passed by the Motor Accidents Claims Tribunal granting compensation for the injury sustained by the husband of the first respondent, who died during the pendency of the Claim Petition before the MACT. The appellant's case is that the accident occurred on account of negligence in crossing the road by the injured and therefore compensation cannot be awarded against the insurer of the motor bike which hit the injured. The main ground on which appellant-insurance company rests its case is the FI Statement which though not proved is part of the record marked by MACT. We find some force in the contention of the appellant because the injured had stated that the accident occurred while he was crossing the road and that he had taken alcohol. However, counsel for the respondents submitted that FI Statement is unreliable because it was not a voluntary statement, but was one recorded at the request of police to help the influential rider of the motor bike. On the face of it we feel the case of 2 respondents also cannot be rejected because the injured in the normal course cannot be expected to admit that he had taken alcohol at the time of the accident. Therefore, merely based on this statement, we do not want to disturb the finding of the MACT that the accident was caused by the rider of the motor bike which was insured by the appellant. 2. So far as quantum of compensation is concerned, we find no ground to interfere because injured was engaged in foreign ship and was earning fairly good income. At the time of accident he was only 47 years of age. Above all we find that injured is no more and he died at the age of 55. We therefore decline to interfere with the award of compensation by the MACT. For the reasons stated above, we do not find any ground to enhance the compensation also. Therefore Appeal is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3