The United India Insurance Co.Ltd v. Philipose Cherian & 5 Others
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 MACA.No. 2261 of 2008 ( ) -------------------------- AGAINST THE AWARD IN OPMV 1085/2004 of M.A.C.T.,KOTTAYAM DATED 28-01-2008 APPELLANT/3RD RESPONDENT IN THE OPMV::
---------------------------------------------------------- THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, KOTTAYAM REPRESENTED BY THE MANAGER, UNITED INDIA INSURANCE CO. LTD., OFFICE OF THE REGIONAL MANAGER, HOSPITAL ROAD, ERNAKULAM.
BY ADV. SRI.M.A.GEORGE RESPONDENTS/PETITIONERS AND RESPONDENT 1 & 2 IN OPMV: ----------------------------------------------------------------
1. PHILIPOSE CHERIAN, PLACHERIL HOUSE, MOOLAMATTOM KARA, NATTAKOM VILLAGE, KOTTAYAM DISTRICT.
2. ALEYAMMA PHILIP, W/O.PHILIPPOSE CHERIAN OF -DO-.
3. JOMON PHILIP, S/O.PHILIPPOSE CHERIAN OF -DO-.
4. JAIMON PHILIP, S/O.PHILIPPOSE CHERIAN OF -DO-.
5. P.V.JOY, S/O.KUNJU VAREED, PYANADATH HOUSE, KARUKUTTY, ERNAKULAM DISTRICT.
6. NELSON HORMESE, S/O.HORMESE, AYROOKKARAN HOUSE, KARUKUTTY P.O., ANGAMALY ERNAKULAM DISTRICT.
R1-R4 BY ADV. SRI.PREMCHAND R.NAIR R1 -R 4 BY ADV. SRI.A.N.SANTHOSH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.2261 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2015
JUDGMENT
Ramachandran Nair, J.
This appeal is filed by the Insurance Company. 2.
We heard the learned counsel on both sides.
3.
The claim petition was filed invoking Section 163A of the Motor Vehicles Act claiming a total compensation of ` 5 lakhs. The Tribunal awarded a sum of `4,36,500/- as compensation. The claimants are the parents and siblings of the deceased. 4.
The learned counsel for the respondents submits that in the light of the judgment of the Division Bench of this Court in Kadeeja v. Kerala State Road Transport Corporation ( 2013 (4) KLT 683), the contention taken by the appellant cannot survive. It was held that in a claim under Section 163A, dependency has no relevancy, and the Tribunal need not go into the question of selection of multiplier. 5.
The learned counsel for the Insurance Company also
MACA No.2261/2008 submitted that the appeal was filed in the light of the legal position available at that point of time. We are of the view that in the light of the judgment of the Apex Court in Deepal Girishbhai Soni & Others v. United India Insurance Co. Ltd, Baroda [( 2004) 5 SCC 385], which is relied upon in Kadeeja's case ( cited supra), nothing survives in the appeal. Accordingly, we dismiss the appeal. T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.