AYISHA BEEVI Vs. KALIDASAN

JUDGEMENT

(1.) The owner of a goods vehicle, which was involved in an accident on 15-7-1978 and as a result of which the cleaner of the vehicle was crushed to death, is the appellant. He assails the judgment of the Motor Accidents Claims Tribunal, Calicut in M.A.C. No. 110 of 1981. The Tribunal awarded an amount of Rs. 31.500/- as compensation due to the parents of the deceased-cleaner, against the claim of Rs. 75,000/- madr by them. The liability of the insurer was limited to an amount of Rs. 21,000/- which was the amount of compensation payable in respect of death of a person based on the monthly salary which the deceased cleaner was drawing at the time of the death. The Tribunal directed that the balance amount of Rs. 10,500/- shall be paid by the owner of the vehicle. The appellant submits that this direction is unsustainable.

(2.) Counsel for the appellant raised only two points: the first was that the Motor Accidents Claims Tribunal was not entitled to award any amount in excess of the liability specified in the table attached to the Workmen's Compensation Act in the case of the death of an employee; and the second was that the Tribunal was not right in limiting the liability of the insurance company to the amount of compensation payable under the Workmen's Compensation Act.

(3.) Proviso to S.95(1) of the Motor Vehicles Act deals with the liability for payment in respect of the death or bodily injury sustained by an employee arising out of or in the course of his employment. Relevant portions of that provision are as follows: