UNITED INDIA INSURANCE CO. LTD. Vs. PREETHA KRISHNAN

JUDGEMENT

(1.) These appeals are directed against the award in OP (MV) No. No.1105 of 2012 on the file of the Motor Accidents Claims Tribunal, Pala. MACA No.210 of 2015 is filed by the 3rd respondent/insurer challenging the award, as it is excessive in nature and MACA No.1219 of 2015 is filed by the claimants against the very same award, alleging that the award amount is too low.

(2.) On 3/8/2012, Sri.T.I Krishnan, an Assistant Engineer working in Public Works Department met with a road traffic accident while he was driving his car through Pala-Thodupuzha road. KL-38/B-1833 bus driven by the 1st respondent, in a rash and negligent manner, dashed against his car and he sustained fatal injuries. He breathed his last on his way to hospital. He was aged only 51 and was drawing monthly salary of Rs.47,860.00 as on the date of accident. He was survived by his wife and three children. They approached the Tribunal claiming compensation of Rs.69.00 lakh, and learned Tribunal awarded Rs.44,04,912.00 which, according to the insurer, is highly excessive and quite inadequate according to the claimants.

(3.) 1st respondent was the driver, 2nd respondent was the owner and 3rd respondent was the insurer of the offending bus. Respondents 1 and 2 remained ex parte before the Tribunal. The 3rd respondent contested the case, but admitted the policy as well as the accident.