UNITED INDIA INSURANCE COMPANY LTD. Vs. SIJI ANTONY

JUDGEMENT

(1.) The appeal is preferred by the third respondent/ Insurance Company in O.P(M.V) No.975/2016 of the Motor Accidents Claims Tribunal, Perumbavoor. The claimants preferred the above cross objection. The fatal accident occurred on 10/4/2016, at the mid night, when the motor cycle driven by the deceased hit on the rear side a crane, which was parked on the road side.

(2.) Heard Sri.Mathews Jacob, learned Senior Counsel, instructed by Smt.Preethy R. Nair on behalf of the appellant and Sri.A.N.Santhosh, learned counsel for respondents 1 to 6 (petitioners in the cross objection). Perused the records.

(3.) Learned Senior Counsel for the appellant/Insurance Company contended that the deceased was under the spell of alcohol at the time of accident, as could be seen from the wound certificate, where the smell of alcohol is recorded. However, the Tribunal attributed entire negligence on the driver of the crane, based on the final report and awarded compensation. Neither the driver nor the owner of the crane contested the matter. Although the policy is admitted, the Tribunal should have found that the accident occurred due to the negligence on the part of the deceased; or at least should have found contributory negligence as against him, is the submission of the learned Senior Counsel for the Insurance Company.