Compensation received under compulsory personal accident coverage cannot be deducted from motor accident claims, as it operates independently under statutory provisions.

JUDGMENT

The claimants in O.P.(MV).No. 511 of 2017 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, have preferred this appeal seeking enhancement of the compensation awarded by the tribunal on account of the death of one Abraham Varghese, who died in a motor accident that occurred on 27.12.2016.

2. The brief facts of the case are as follows:-

On 27.12.2016, while the deceased, Sri. Abraham Varghese was driving an autorickshaw bearing registration No.KL-03-AA-2959, through Pathanamthitta - Kozhenchery public road, and when reached at Elathoor junction, another autorikshaw bearing registration No.KL-03/S/4523, driven by the 1st respondent in a rash and negligent manner, and at an excessive speed, hit the rear side of the autorishaw driven by Sri. Abraham Varghese. Due to the impact of the hit, Abraham Varghese sustained grievous head injuries, and he succumbed to the same on the way to the hospital.

3. The owner-cum driver of the autorikshaw bearing registration No.KL-03/S/4523 was arrayed as the 1^st respondent, whereas the insurer was arrayed as the 2nd respondent. The 2^nd respondent, the insurance company, contested the petition by filing a written statement primarily disputing the quantum of compensation awarded, despite admitting insurance coverage for the autorikshaw involved in the accident. In the written statement, the 2nd respondent took a specific contention that if the claimants had received any amount as compensation under the personal accident coverage from the insurer of the deceased’s vehicle, the said amount shall be deducted from the total compensation payable in the present claim.

4. During the trial, the 1st petitioner, who is none other than the wife of the deceased, was examined as PW1 and produced documentary evidence marked as Exts. A1 to A16. From the side of the respondents, no evidence whatsoever was produced.

5. Upon appreciation of evidence on record, the tribunal came to the conclusion that the accident occurred solely due to the rash and negligent driving of the autorikshaw bearing registration No.KL-03/S/4523 by the 1^st respondent, and being the insurer, the 2^nd respondent was held liable to pay the compensation. The compensation was quantified at Rs.18,51,300/-, with interest at the rate of 9% per annum from the date of the petition till realisation and proportionate costs. However, the tribunal, while arriving at the said compensation, deducted an amount of Rs.2,00,000/-, the sum received by the claimants under the personal accident coverage from the insurer of the autorickshaw bearing registration No.KL-03-AA-2959, which was owned and driven by the deceased at the time of the accident. Aggrieved by the quantum of compensation awarded, particularly by the deduction of the said Rs.2,00,000/-, the claimants have preferred the present appeal seeking enhancement of the compensation amount.

6. Heard Sri. A.N. Santhosh, the learned counsel appearing for the appellants and Sri.John Joseph Vettikkad, the learned counsel appearing for the respondent.

7. The learned counsel for the appellants submitted that the tribunal erred in deducting the sum of Rs.2,00,000/-, which was received by the appellants under the compulsory personal accident coverage attached to the insurance policy of the autorikshaw owned and driven by the deceased at the time of the accident. According to the counsel, the said amount was paid to the appellants pursuant to a separate and independent contract between the deceased and the insurer, and hence the tortfeasor or his insurer would not be entitled to get benefit of the said c