IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 MFA.No. 169 of 2002(D) -------------------------------- OPMV.123/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: PETITIONERS ------------------- 1. MARIAMMA, W/O.LATE JOSEPH, KUNNEL HOUSE, KADAMKUZHY KARA, KATTAPPANA, VILLAGE. 2. ALEYAMMA, W/O.JOSEPH KUZHIKKATU HOUSE, VAZHAVARA P.O., KATTAPPANA. 3. BABU, S/O.LATE JOSEPH, KUNNEL HOUSE, KADAMKUZHY KARA, KATTAPPANA VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.BABY THOMAS RESPONDENTS: RESPONDENTS ------------------------ 1. JOJI JOSEPH, KAVUMKAL HOUSE, VALLAKKADAVU P.O., KATTAPPANA. 2. NEW INDIA ASSURANCE CO. LTD., DIVISION OFFICE, KOTTAYAM. BY ADV. SRI.M.JACOB MURICKAN - R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & K.Hema, JJ. -------------------------------------- M.F.A. No. 169 of 2002 --------------------------------------- Dated this the 6th day of February, 2008 Judgment Koshy,J. An unmarried man claiming to be a cleaner of a lorry died in a motor accident during the course of employment. His mother, brother and sister applied for compensation amounting to Rs.2,92,500/-. The tribunal has awarded compensation of Rs.1,28,750/- with 12% interest from the date of petition till the date of payment. The claim petition was filed on 16.2.1996. Award was passed only on 12.6.2000. Mother was aged 51 at the time of accident. According to the insurance company, it was an 'Act policy' and being a cleaner, he will be entitled to only the amount that can be awarded doubly under the Workmen's Compensation Act which will be a lower amount than that is awarded (Ramashray Singh v. New India Assurance Co. Limited and others - AIR 2003 SC 2877). Though this contention was not taken up before the tribunal, that is a matter to be considered when claimants filed appeal for enhancement of compensation and insurance company opposing M.F.A.No. 169/2002 2 the same raising this point. As per the Workmen's Compensation Act, maximum salary that can be taken into account is only Rs.1,000/-. In any event, considering the age of the mother, total amount awarded with rate of interest awarded etc., it cannot be stated that the amount awarded is too low. We see no ground to interfere in the award and, hence, the appeal is dismissed. J.B.Koshy Judge K. Hema Judge vaa M.F.A.No. 169/2002 3 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.F.A. No. 169 of 2002 ------------------------------------- Judgment Dated:6th February, 2008