THE NATIONAL INSURANCE CO. LTD. Vs. ARAVINDAKSHAN

JUDGEMENT

(1.) The appeal has been preferred by the Insurance Company being aggrieved of the course and proceedings pursued by the Tribunal, whereby compensation to the tune of Rs.4,41,000/ - has been awarded in respect of the death of a person aged 27 years, who was riding a motor cycle, which came to be collided with a car. The case projected in the appeal is that, no such award could have been passed by the Tribunal in so far as the claim petition was preferred under Section 163 -A of the Motor Vehicles Act and the appeal itself was not maintainable for the reason that the monthly income fixed by the Tribunal was Rs.5,000/ -; whereas the appeal to be maintainable under Section 163A, the annual income should have been within the limit of Rs.40,000/ -.

(2.) The gist of the factual matrix is that, while the deceased was riding a motor cycle on 16.11.2008, a Maruti Alto car bearing No.KL.5/R 655 driven by the first respondent, owned by the second respondent and insured by the third respondent knocked him down, causing fatal injuries, leading to his death. This was sought to be compensated by filing a claim petition. The evidence adduced before the Tribunal consists of Exts.A1 to A9, and Ext.B1 copy of the wound certificate issued from the Medical College Hospital, Kottayam. Based on the evidence on record, the Tribunal arrived at a finding that the accident was because of negligence solely attributable to the driver of the car and proceeded to fix the quantum of compensation accordingly. It was in the said course, that the monthly income of the deceased was reckoned as Rs.5000/ -, thus fixing the total annual income as Rs.60000/ -. Awarding amounts under different heads, the total compensation payable was fixed as Rs.4,41,000/ -, which was directed to be satisfied with interest at the rate of 7.5% from the date of petition till realisation. This in turn is under challenge in this appeal.

(3.) Heard both the sides.