UNITED INDIA INSURANCE COMPANY CO. LTD. Vs. SALPRIYA

JUDGEMENT

(1.) The petitioner, an insurance company, has filed the captioned writ petition, seeking to challenge the award dtd. 14/9/2022, passed by the Permanent Lok Adalat, Thiruvananthapuram in O.P. No.42 of 2021 (Ext.P7).

(2.) One Babu was found unconscious on the roadside, on 30/11/2020 and was taken to a hospital in an ambulance. He was also treated at the hospital when he was brought there. However, on 1/12/2020, he passed away. Ext.P5 is the post- mortem certificate dtd. 2/12/2020. Ext.P6 is the toxicology report with respect to a sample collected on 1/12/2020. In this toxicology report, it is stated that alcohol tested "positive" with respect to the sample taken as above. The deceased had an insurance policy. The legal heirs of the deceased raised a claim with the insurance company, on the basis of Ext.P1 insurance policy, pointing out that the deceased was riding a motorcycle bearing Reg. No. KL-20-D-5674, and while he was riding, he met with an accident and later passed away, and hence compensation requires to be awarded to them. The claim lodged by the legal heirs is produced along with the writ petition as Ext.P2. The petitioner company filed Ext.P3 written statement. The petitioner also relied on the F.I.R., post-mortem report and the toxicology report to contend that;

(3.) The Permanent Lok Adalat considered the issue elaborately. As regards the first issue, the Permanent Lok Adalat referred to the principles laid down by the Apex Court in Alka Shukla v. Life Insurance Corporation of India [2019 (2) KLT 3098], and found that even as per the post-mortem certificate, the injuries sustained in the accident could have accelerated the death. Therefore, the contention raised was not accepted. As regards the second issue also, with reference to the principles laid down in Oriental Insurance Company Ltd., Mattancherry v. Vineetha Nair and Others [2016 (4) KHC 392], the same was decided against the petitioner. Ultimately, by Ext.P7 award, the respondents herein were found entitled to get an amount of Rs.15.00lakhs towards compensation. It is seeking to challenge Ext.P7 award that the captioned writ petition has been instituted by the insurance company.