BRANCH MANAGER NATIONAL INSURANCE LIMITED Vs. D KUNHIBI

JUDGEMENT

(1.) THESE appeals arise out of an award passed by the Motor Accidents Claims Tribunal, Kasaragod, in OP(MV) No.376/2001. The claim arose out of the death of one Ameer in a road traffic accident, occurred on 06/11/2000.

(2.) ALLEGEDLY, while the deceased was riding his motorcycle, he was hit down by a maruti car, insured with the National insurance Company. The deceased was unmarried and he was aged 22 years at the time of the accident. The aged parents and siblings filed the claim petition for a compensation of Rs.14,50,000/-, against which the learned Tribunal awarded a sum of Rs.4,62,890/- as compensation.

(3.) THE insurance company has filed MACA No.427/2006 contending that as the annual income of the deceased is above Rs.40,000/- , the claim under Section 163A will not be sustainable. In MACA No.1389/06 preferred by the claimants., they have challenged the adequacy of compensation.