NEW INDIA ASSURANCE CO. LTD. Vs. MARY

JUDGEMENT

(1.) THE claimants petitioners have filed M.F.A.No.252 of 1990 and the insurer(Respondent No.2)filed M.F.A.No.755/89,under S.110D of the Motor Vehicles Act,1939 against the award dated 20th January 1989 passed by the Motor Accidents Claims Tribunal,Kottayam in M.V.( O.P.) No.86 of 1987.

(2.) THE appellants claimants in M.F.A.No.252/90,who were awarded an amount of Rs.1,82,400 with interest at the rate of 12 per cent per annum from 10th February 1987,pray for enhancement of the same to Rs.2 lakhs which they have claimed in the O.P.The appellant in M.F.A.No.755 of 1989 prays that the statutory liability of the insurance company being limited to Rs.1,50,000 in tin's case the direction of the Tribunal to the insurer appellant to pay the whole of the awarded amount may be modified accordingly.

(3.) DECEASED Abraham Thomas was proceeding to Changanacherry by driving the autorickshaw No.KRO 9368 on the M.C.Road at 11.30 p.m.on 11th January 1987.He was proceeding carefully on the eastern side of the road.At this time,the lorry bearing No.KLY 7077 came from the northern side being driven by respondent No.3 at a very high speed and collided with the autorickshaw.After hitting the autorickshaw it dragged the same to a distance of about 40 feet.The lorry entered into the compound of a house and dashed against a tree as well and the same was uprooted.The impact of the collision was so heavy and severe that the autorickshaw immediately caught fire and the deceased was trapped in that sudden flame and sustained fatal burn injuries.The legal heirs,namely,the widow of the deceased and the parents filed M.V.( O.P.) No.86/87 before the Claims Tribunal,who are appellants in M.F.A.No.252 of 1990,against the owner of the lorry(1st respondent ),the insurer(2nd respondent)and the Driver of the vehicle(3rd respondent ).