IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1725 of 2004()
1. THE ORIENTAL INSURANCE CO LTD.,
... Petitioner
Vs
1. BABY GEORGE, S/O.VARKEY,
... Respondent
2. V.C.SEBASTIAN, S/O.CHACKO,
3. THRESSIAMMA SEBASTIAN,
4. MERIN SEBASTIAN, D/O.V.C.SEBASTIAN,
For Petitioner :SRI.VPK.PANICKER
For Respondent :SRI.DILEEP P.PILLAI
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :30/10/2008
O R D E R
C.N.RAMACHANDRAN NAIR &
HARUN-UL-RASHID, JJ.
....................................................................
M.A.C.A. No.1725 of 2004
....................................................................
Dated this the 30th day of October, 2008.
JUDGMENT
Ramachandran Nair, J.
Appeal is filed challenging the award granting compensation of
Rs.1,63,000/- for the death of a 32 year old driver of a jeep which
capsized leading to his death. We have heard Standing Counsel
appearing for the appellant and counsel appearing for the respondents.
2. Even though counsel for the appellant contended that
compensation cannot be claimed for the death of a driver under Section
163A of the Motor Vehicles Act, we have in other cases taken the view
that the driver is covered, if not as an employee, but as a third party as
the insured is authorised to have the insured vehicle driven by a paid
employee. Even as an employee, compensation is payable under the
Workmen’s Compensation Act for the driver. Even though counsel for
the appellant submitted that the quantum of compensation under the
Workmen’s Compensation Act and under the Motor Vehicles Act are
different, we do not think there is any scope for interference because in
2
absolute terms the compensation of Rs.1,63,000/- cannot be held to be
high. We, therefore, dismiss the appeal.
C.N.RAMACHANDRAN NAIR
Judge
HARUN-UL-RASHID
Judge
pms