NEW INDIA ASSURANCE COMPANY LIMITED Vs. DEVAKI

JUDGEMENT

(1.) This appeal is filed by the third respondent/insurance company challenging the quantum of compensation awarded to the claimants in OP(MV) No.69 of 2015 on the files of the Motor Accidents Claims Tribunal, Mavelikara. The claim petition was filed by the siblings of the deceased, Ms. Santhamma, who lost her life in a road traffic accident that occurred on 4/10/2014, seeking compensation on account of the death of their sister. The respondents herein were the claimants before the tribunal.

(2.) For the sake of convenience, the parties are referred to as they are arrayed before the tribunal.

(3.) The case of the claimants was that on 4/10/2014, while the deceased was crossing the road through zebra line at Krishnapuram junction along the Kollam-Alappuzha National Highway, a scooter bearing Reg.No.KL-29G/6584 ridden by the first respondent in a rash and negligent manner, hit her, whereby she sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of 5,00,000/-. Respondents 1 and 2, who were the driver and the 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. PW1 was examined and Exts.A1 to A20 & X1 were marked on the side of the claimants. 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 6,89,400/- as compensation under different heads with interest @ 8% per annum from the date of petition till realization against the third respondent being the insurer; and in default of payment as above, penal interest @ 12% per annum was also awarded. The respondent insurer has come up in appeal, challenging notional monthly income fixed by the tribunal as well as the compensation awarded to the claimants towards loss of dependency.