NATIONAL INSURANCE CO. LTD Vs. UMMALIMMA

JUDGEMENT

(1.) This appeal has been filed by the third respondent insurer in OP(MV) No.463 of 2008 on the file of the Motor Accidents Claims Tribunal, Kasaragod, challenging the liability to pay compensation awarded to the claimants for the death of the deceased Ibrahim Haji. The respondents 1 to 8 herein were the claimants; and respondents 9 and 10 herein were the respondents 1 and 2 before the tribunal.

(2.) The case of the claimants was that on 13/7/2008, while the deceased along with his family members was travelling in a car bearing Reg.No.KA-12N-9927 driven by the first respondent in a rash and negligent manner, the car overturned twice or thrice, whereby the deceased sustained fatal injuries and succumbed to the injuries on the way to hospital. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of Rs.2,50,000.00.

(3.) Respondents 1 and 2, the driver and owner of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, PW1 was examined and Exts.A1 and A2 were marked on the side of the claimants, and Ext.B1 was marked on the side of the respondent insurer. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of Rs.1,29,500.00 as compensation under different heads with interest @ 8% per annum from the date of petition till realization against the third respondent being the insurer. The respondent insurer has come up in appeal, challenging its liability to pay compensation.