NATIONAL INSURANCE COMPANY LTD Vs. ANNAKUTTY THOMAS

JUDGEMENT

(1.) The Insurance Company is the appellant and they are challenging in this appeal the award of the Motor Accidents Claims Tribunal by which a total amount of Rs. 3,79,000/-was awarded as against a claim for much larger amounts. Even though various grounds have been raised in this memorandum of appeal challenging award of compensation by the learned Tribunal under various heads, at the time of arguments Sri. Lal George, the Learned Counsel for the appellant would give thrust to the argument based on the ground that the award of / 46,000/- towards air fare expended, to respondent No. 5 Shaji Thomas, the only son of the deceased Thomas who came down from London to Cochin by an Air India flight for participating in the funeral of his deceased father is not sustainable.

(2.) Even though Sri. Lal George, the Learned Counsel for the appellant addressed very emphatic and persuasive submissions and argued that the journey of Sri. Shaji Thomas from London to Kerala by air is not strictly attributable to the accident, we are of the view that the expenses actually incurred by the fifth respondent/Shaji Thomas who was the only son of late Thomas to have a last glimpse of his father's face and also for participating in the funeral and to perform obsequies as any other dutiful and affectionate son would, ought to be reimbursed to him by the Insurance Company on the terms of the contract of indemnity which they have entered into with the owner of the vehicle in question. It is not in dispute that the Shaji travelled by economy class and that there was no other conveyance by which he could have reached Kerala on time to participate in his father's funeral. We are not impressed by the argument that late Thomas aged 70 had already reached the evening of his life and would have died a natural death even without the accident. It is in evidence that late Thomas, an agriculturist belonging to Meenachil Taluk was otherwise quite sturdy and could have lived for some more years but for the injuries he sustained in the accident. It is also in evidence that had it not been to discharge his filial obligation of participating in his father's funeral, respondent No. 5 need not have flown to Kerala at that point of time. We are not inclined to interfere with the impugned award. The appeal will stand dismissed.