NATIONAL INSURANCE COMPANY LTD Vs. ANNIE MARGARAT.P

JUDGEMENT

(1.) THE Insurance Company in O.P.(MV) No. 435/2004 before the Motor Accidents Claims Tribunal, Kottayam, is the appellant herein. Respondents 1 to 4 in this appeal filed the O.P. seeking compensation for the death of T.K. Lukose, the husband of the 1st respondent and father of respondents 2 to 4. They filed the O.P. under Section 163-A of the Motor Vehicles Act. But, in the claim petition, they stated that the income of the deceased was Rs.25,000/- per mensum. The Tribunal found negligence on the part of the driver of the vehicle insured with the appellant and awarded a total compensation of Rs. 2,01,500/-. The Insurance Company is challenging the said award.

(2.) THE appellant raises two contentions. The first is that since the claimants themselves claimed the monthly income of the deceased as Rs. 25,000/- and they did not choose to amend the same appropriately, the consideration of the claim under Section 163-A is clearly illegal insofar as a claim under Section o163A is maintainable for up to an annual income of only Rs. 40,000/-. The second is that the accident happened because of the negligent driving of a vehicle driven by the deceased himself when the car driven by him hit against a stationary lorry, insured with the appellant, from behind, which shows that the accident happened because of the negligence of the deceased himself. This is proved by Ext. A1 charge sheet, which is also Ext. B1, in Crime No. 310/2003 of Gandhinagar police station, in which, the deceased himself was the accused. But, further proceedings in the crime was closed as abated on account of the death of the deceased.

(3.) WE have considered the rival contentions in detail.