NEW INDIA ASSURANCE COMPANY LTD Vs. VIJAYAN

JUDGEMENT

(1.) This appeal is directed against an award passed by Motor Accident Claims Tribunal, Irinjalakkuda (for short 'The Tribunal') on 28/4/2010 in O.P.(M.V) No.1252/2005. The appellant herein is the third respondent in the Original Petition above seeking to set aside the award of the Tribunal. The appellant contends that the Tribunal has committed error by awarding compensation to the respondents on account of the suicide of their mother subsequent to the occurrence of the motor accident.

(2.) Respondents 1 to 5 in this appeal are the descendants of one Mrs.Santha who committed suicide following the motor accident. The appellant is the insurer of the alleged offending vehicle owned by the 6threspondent and driven by the 7threspondent. The Tribunal disposed the Original Petition with O.P(M.V) Nos.1253/2005 and 1756/2005 by a common award and the appellant herein was directed to deposit Rs.3,18,700.00 with interest at the rate of 7% per annum from the date of filing of the Original Petition till the date of realization in favour of the petitioner in O.P(M.V) No.1252/2005.

(3.) A brief description of the facts involved is as follows: