NATIONAL INSURANCE COMPANY LTD Vs. MYMOONA

JUDGEMENT

(1.) THE Insurance Company in O.P.(MV) No. 3539/2001 before the Motor Accidents Claims Tribunal, Thrissur, is the appellant herein. Respondents 1 to 6 are the claimants in that O.P. They filed the claim petition seeking compensation for the death of Muhammed, who died in a motor accident caused by the negligent driving of a vehicle insured with the appellant. The Tribunal, after finding negligence on the part of the driver of the vehicle, awarded a total compensation of Rs. 2,59,500/-. Challenging the award on the question of negligence, the Insurance Company has filed this appeal.

(2.) ACCORDING to the appellant, the accident occurred because of the negligence of the deceased himself. It is submitted that the accident occurred at the premises of the deceased himself, while he was unloading the marble slabs from the mini lorry, carrying marble for his own purpose. The appellant contends that the fact that it was in the process of unloading the marble slabs from the vehicle that the accident occurred shows that the driver cannot be said to be negligent in driving the vehicle. Secondly, it is submitted that the accident occurred in the private premises of the deceased, which is not a public place. Thirdly, it is submitted that the documents produced by the claimants themselves prove that the negligence was on the part of the deceased himself and not on the part of the driver of the vehicle. Counsel for the appellant relies on the decisions of the Supreme court in Oriental Insurance Co. Ltd., v. Premalata Shukla, 2007-Laws (SC)-5-177, New India Assurance Co. Ltd., v. Alekutty Antony, 2009-Laws (Ker)_09-3 and Surinder Kumar Arora v. Manoj Bisla, 2012-Laws (SC)-3-41.

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