NEW INDIA ASSURANCE CO LTD Vs. KAMALAMMA

JUDGEMENT

(1.) The Insurance Company is in appeal. Respondents 1 to 4 approached the Motor Accidents Claims Tribunal claiming compensation for the death of one Bhaskaran Pillai, who is said to have been killed in a road traffic accident on 10.10.1996. The allegation is that while the deceased was travelling by a bus, owned by the 5th respondent, he fell down and sustained fatal injuries. According to the claimants, the accident arose out of the use of the vehicle. Originally, the claim was filed under S. 140 of the Motor Vehicles Act for a sum of Rs. 150,000/- as compensation. Subsequently, the claim was converted to one under S. 163 A.

(2.) Against the claim of Rs. 2,50,000/-, the learned Tribunal passed an award for Rs. 71,42,500/- together with interest, directing the appellant company to pay the amount of compensation, as the vehicle said to have been involved in the accident was covered by a valid policy issued by it.

(3.) We have heard the learned senior counsel for the appellant insurance company and the learned counsel for the respondents/claimants. We have also perused the impugned award and other relevant records.