UNITED INDIA INSURANCE CO. LTD Vs. SHALUMOL

JUDGEMENT

(1.) It is said; "accidents do happen, unfortunately, it happens at the worst time". Shalumol and Malumol, while in the worst time of their lives, due to the untimely demise of their father, have tragically lost their mother too in an accident.

(2.) On 09.06.2018, while Sreedevi was on her way to work, she was mowed down to death by a vehicle. Shalumol and Malumol and their maternal grandparents, the respondents in the appeal, moved the Tribunal under Section 166 of the Motor Vehicles Act, 1988 (for brevity referred to as 'Act, 1988') claiming compensation from the insured and the insurer of the vehicle. They averred in the claim petition that the accident occurred due to the negligence of the driver cum owner (the 1st respondent before the Tribunal) of a goods vehicle bearing registration No.KL-43/G-3561. The vehicle was insured with the appellant. Sreedevi was 49 years of age, on the date of her death. She was an anganwadi worker and earning a monthly honorarium of Rs.18,000/-. She was the breadwinner of the family. The respondents were dependent on her. The respondents lost the love, affection, happiness, consortium and pecuniary benefits that Sreedevi provided. Hence, they claimed an amount of Rs.20,00,000/- as compensation from the appellant.

(3.) The respondents before the Tribunal - the driver cum owner of the vehicle and the appellant - resisted the claim petition. The driver cum owner contended that, as his vehicle was insured with the appellant, the insurer was liable to indemnify him. The appellant admitted the insurance coverage of the vehicle, but disputed the age, income and occupation of Sreedevi. The appellant also contended that the accident occurred due to the negligence of Sreedevi and the respondents were not the legal representatives and dependants of Sreedevi.