UNTIED INDIA INSURANCE COMPANY LTD Vs. S AJITH

JUDGEMENT

(1.) The 3rd respondent, insurer in O.P. (MV) 662 of 1992 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta is the appellant. The award dated 2.1.1999 is under challenge.

(2.) The respondents 1 and 2 herein, the claimants before the MACT claimed a compensation of Rs. 2,03,000/- for the death of their 4 year old daughter, Neethu, in a Motor Accident. Originally, the claim was for Rs. 1,03,000/- and subsequently, by amending the petition, they made enhanced claim of Rs. 2,03,000/-.

(3.) The fact that Neethu, the 4 year old child of the respondents 1 and 2, studying in the U.K.G. Class met with a road accident on 3.2.1992 at about 3.40 P.M. and she succumbed to injuries at 8.30 P.M. while undergoing treatment in the Medical Mission Hospital, Thiruvalla is not in dispute. The driver and the owner of the offending lorry who were respondents 1 and 2 before the Tribunal did not contest. The 3rd respondent, insurer alone contested. After enquiry, the Learned Tribunal found that the accident occurred due to the rash and negligent driving of the lorry by the driver and the claimants therein are entitled to a total compensation of Rs. 2,18,000/-, but restricted the compensation amount to the claim of Rs. 2,03,000/-, made by the claimants. Accordingly, the Tribunal awarded a compensation of Rs. 1,78,000/- after deducting Rs. 25,000/- paid as per interim order with interest at 12% per annum and cost of Rs.1000/- against respondents 1 to 3 jointly and severally and directed the 3rd respondent insurer to deposit the amount within 3 months failing which directed the insurer to pay interest at 18% per annum after the expiry of 3 months from the date of the award.