MANAGER, UNITED INDIA INSURANCE CO. LTD. Vs. MEENAKUMARI

JUDGEMENT

(1.) The appellant - Insurance Company was the second respondent in OP(MV) No.9/2008 on the file of the Additional Motor Accidents Claims Tribunal-II, Thiruvananthapuram. The respondents in the appeal were the supplemental petitioners 2 to 4 before the Tribunal. The first petitioner died during the pendency of the claim petition. Pursuant to the order in IA 4165/2010 dated 22.8.2014, supplemental petitioners 2 to 4 the wife and children of the deceased original petitioner - were impleaded in the claim petition. The parties are, for the sake of convenience, referred to as per their status in the claim petition.

(2.) The original petitioner had filed the claim petition under section 166 of the Motor Vehicles Act, 1988, inter alia, contending that on 28.10.2007, while the first petitioner Kumaran Nair (deceased) was walking through the Kawdiar -Ambalamukku public road, a car bearing registration No.KL-01/Q 4572, driven by the first respondent in a rash and negligent manner came from the opposite side and hit the deceased. The deceased sustained serious injuries and was undergoing treatment. Ultimately, the deceased committed suicide on 14.1.2009. The petitioners 2 to 4 were impleaded as supplemental petitioners and consequential amendments were carried out. The petitioners contended that the accident occurred on account of the rashness on the part of the first respondent who was also the owner of the vehicle and that the second respondent was the insurer of the vehicle. The deceased was a helper in KTDC and earning a monthly income of Rs.10,000/-. Hence, the petitioners sought for compensation from the respondents 1 and 2, which they quantified at Rs.19,05,000/-. but limited to Rs.15,00,000/-.

(3.) The first respondent did not contest the proceedings and was set ex parte.