NEW INDIA ASSURANCE CO LTD Vs. LATHA JAYARAJ

JUDGEMENT

(1.) The insurer is the appellant. Respondents 1 to 4 are the legal representatives of one Jayaraj who died in a motor accident which happened on 8-10-1987. He was riding a scooter from Angamaly to Alwaye. When he reached Thottakkattukara the lorry KLN 5458 owned by 6th respondent and driven by 5th respondent dashed against the scooter as a result of which Jayaraj sustained serious injuries and subsequently succumbed to the injuries on the same day. His wife, daughter and parents moved Motor Accidents Claims Tribunal, Ernakulam claiming an amount of Rs.2,61,750/- as compensation. Respondents 5 and 6 resisted that application. Written statement was also filed by appellant disclaiming liability and contending that their liability is limited to Rs.1,50,000/-. The Tribunal after evidence and hearing both parties awarded an amount of Rs.1,46,250/-. Aggrieved by that award the insurer has come up in appeal.

(2.) Heard counsel for appellant

(3.) The main grievance of the appellant appears to be that the deceased was not having a valid licence at the material time and that the amount awarded is exorbitant