ORIENTAL INSURANCE CO LTD Vs. BINOY JOSEPH

JUDGEMENT

(1.) C.M.Appln.No.1294 OF 2008 Heard learned counsel for the appellant and learned counsel for the respondents. Having perused the affidavit filed in support of the application for condonation of the delay, we are satisfied that the delay in filing the appeal is liable to be condoned. We do so. M.A.C.A.No.1319 OF 2008 This appeal is at the instance of the Insurance Company which impugns the award passed in favour of the two children of a deceased school teacher. By the impugned award, the Tribunal directed the insurance company to pay a sum of Rs.4,46,000/- to respondents 1 and 2 with 7.5% interest thereon from the date of claim petition till its realisation and with proportionate cost.

(2.) Deceased Rosa a Selection Grade Primary School Teacher was travelling as a pillion rider on the scooter being driven by her husband at about 7.45 p.m. on March 15, 1999 on Vyttila - Edappally Bypass Road. She was knocked down when another two wheeler hit her bike. Later she succumbed to the fatal injuries sustained by her in the accident.

(3.) The two children of deceased Rosa filed the claim petition seeking a total compensation of Rs.7,00,000/- attributing negligence on the part of the offending two wheeler which was covered under a valid insurance policy issued by the appellant.