IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 MACA.No. 2980 of 2009() ----------------------- OPMV.1306/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): RESPONDENT NO.1: -------------- V.J.THOMAS, AGED 46 YEARS, S/O.JOSEPH, RESIDING AT VADUTHALAKALAM HOUSE, VAZHANPURAM, MANNARKKAD, PALAKKAD DISTRICT(R.C.OWNER OF JEEP NO.KLL-5730). BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): PETITIONRS & RESPONDENTS 2 AND 3:- --------------- 1. SUBHASHINI, AGED 23 YEARS, W/O.LATE RADHAKRISHNAN, RESIDING AT THIRUTHAMPADAM, POTTUNDY POST,PALAKKAD DISTRICT. 2. SUVARNNA (MINOR), AGED 5 YEARS, REP. BY HER MOTHER SUBHASHINI, RESIDING AT THIRUTHAMPADAM, POTTUNDY POST, PALAKKAD DISTRICT. 3. MARIMUTHU, AGED 61 YEARS, S/O.CHAMY, RESIDING AT THIRUTHAMPADAM, POTTUNDY POST, PALAKKAD DISTRICT. 4. DEVAYANI, AGED 55 YEARS, W/O.MARIMUTHU, RESIDING AT THIRUTHAMPADAM, POTTUNDY POST, PALAKKAD DISTRICT. 5. SANTHOSH, AGED 29 YEARS, S/O.VASU, RESIDING AT PULIKKAL HOUSE, VEETTIKKAL, KORANCHERA POST, VADAKKANCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT (DRIVER OF JEEP NO.KLL-5730) DL NO.BADGE NO.1327/95 PO. 6. THE NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, M.A.LINE, T.B.ROAD, PALAKKAD, POLICY NO.317611015144, VALID FROM 23.11.2000. ADV. SRI.PMM.NAJEEB KHAN FOR R6 SRI.LIJU. M.P FOR R5 SRI.A.R.GANGADAS FOR R1 TO 4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 2980 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this 27th day of June, 2011 JUDGMENT Barkath Ali, J. Appellant is the first respondent in O.P. (MV) No.1306 of 2000 on the file of the Motor Accidents Claims tribunal, Palakkad. In this appeal he challenges the judgment and award of the Tribunal dated April 11, 2007 awarding a compensation of Rs.3,46,000/- to the claimants for the loss caused to them on account of death of one Radhakrishnan in a motor accident. 2. The accident happened on December 24, 1999 at 7.30 p.m. While deceased Radhakrishnan was riding his scooter bearing registration No.KL-9B 7613 from Ayinampadam to Nenmara, he was knocked down by a jeep bearing registration No. KLL 5730, driven by the second respondent in the O.P. He sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence against the M.A.C.A.No. 2980/2009 2 second respondent in the O.P., the claimants who are the wife, minor daughter and parents of the deceased filed the O.P. before the Tribunal claiming a compensation of Rs.7,00,000/-. 3. Respondents 1 to 3 in the O.P. are the owner, driver and insurer of the offending jeep. Only the third respondent contested the matter. The third respondent in the O.P. filed a written statement admitting the policy of the offending vehicle. PWs.1 to 4 were examined and Exts.A1 to A10 were marked on the side of the claimant. No evidence was adduced by the contesting third respondent. On an appreciation of the evidence, the Tribunal found that the accident occurred due to the negligence on the part of the second respondent in the O.P. and awarded a compensation of Rs.3,46,000/- with interest at the rate of 6% p.a. from the date of petition till realization against respondents 1 and 2. The Tribunal exonerated the third respondent Insurance Company from paying the compensation and directed the first respondent in the O.P. (appellant) to pay the compensation, on the ground M.A.C.A.No. 2980/2009 3 that the claimants had failed to prove that the offending vehicle was covered by a valid insurance policy at the time of the accident. The above finding is challenged in this appeal. 4. The following points arise for consideration:- 1) Whether the finding of the Tribunal that the offending vehicle was not covered by a valid insurance policy at the time of the accident and consequently exonerating the Insurance Company can be sustained? 2) Whether the claimant is entitled to any enhanced compensation? 5. Point No.1:- For several reasons we feel that the finding of the Tribunal that the claimant has failed to prove that the offending vehicle was covered by a valid insurance policy at the time of the accident and consequently exonerating the Insurance Company cannot be sustained. The claimants produced a copy of the policy Ext.A6. Number of the offending vehicle was shown therein as KLL 5750. PW4 the Development Officer of the Insurance Company testified that it was only a typing mistake and that Ext.A6 relates to the offending vehicle. Further a copy of the R.C.Book furnished by the counsel for the appellant shows the number of engine M.A.C.A.No. 2980/2009 4 as D.S. 12517 and Chassis number as D.S. 12517. In Ext.A6 same engine number and chassis number are shown. In this appeal the Manager of the New India Assurance Company, Regional Office, M.G. Road, Ernakulam filed an affidavit to the effect that number shown in Ext.A6 as KLL 5750 is only a mistake. For all these reasons, we are inclined to hold that Ext.A6 policy relates to the offending vehicle. That being so, the third respondent Insurance Company is bound to indemnify the first respondent in the O.P. (the appellant). Therefore, the entire compensation has to be paid by the third respondent in the O.P. 6. Point No.2: The next question for consideration is whether the claimants are entitled to any enhanced compensation. The Tribunal awarded a total compensation of Rs.3,46,000/-. Taking into consideration the age of the deceased and the age of the claimants, we feel that the compensation awarded by the Tribunal is just and reasonable and therefore, they are not entitled to any enhanced compensation. M.A.C.A.No. 2980/2009 5 7. In the result, the appeal is disposed of as found above. The third respondent shall deposit the compensation awarded with interest and cost within two months from the date of receipt of a copy of this judgment with notice to the claimant. A.K.BASHEER, JUDGE. P.Q. BARKATH ALI, JUDGE. mn