NATIONAL INSURANCE COMPANY LTD Vs. NIRANJANA AMBADI

JUDGEMENT

(1.) An Insurance Company, which has been permitted by the Motor Accidents Claims Tribunal to contest the claim for compensation by the legal heirs of the victim who died in a motor accident, under Section 170 of the Motor Vehicles Act, 1988, on the grounds available to the owner and driver of the offending vehicle, since the owner and driver failed to contest the claim, has filed this appeal challenging the quantum of compensation awarded by the M.A.C.T., Alappuzha in O.P. (MV) No. 178/1997. The O.P was filed by a minor aged 5 years, named, Niranjana Ambadi and her grand-mother Meenakshi Amma for compensation for the death of one Ambadi, father of Niranjana Ambadi and the son of Meenakshi Amma in an accident caused by a motor vehicle owned by the 3rd respondent and driven by the 4th respondent. The said Niranjana Ambadi and Meeakshi Amma are respondents 1 and 2 in this appeal.

(2.) The said Ambadi, while riding a motor cycle along with his wife Manju as the pillion driver, met with an accident involving a Tempo Trax which was driven by the 4th respondent and owned by the 3rd respondent herein. That Tempo Trax was insured with the appellant-National Insurance Company. The accident occurred on 5- 8-1996 at 8.15 p.m. The said Ambadi died on the way to the hospital on the same day and his wife Manju, mother of Niranjana Ambadi died on 2-9-1996 after fighting for her life for almost a month. The O.P (MV) was filed by Niranjana Ambadi and Meenakshi Amma for compensation for the death of Ambadi, both of them being dependents of the said deceased Ambadi, the award in which is under challenge in this appeal, at the instance of the Insurance Company.

(3.) The Tribunal found that the accident occurred on account of the rash and negligent driving of the 2nd respondent and therefore respondents 1 and 2 were jointly and severally liable for paying compensation to the claimants for the death of the said Ambadi on account of the negligence of the 2nd respondent. The Tribunal awarded a total compensation of Rs. 12,40,000/- to respondents 1 and 2, who were the claimants in the O.P and directed the appellant- Insurance Company to pay the same as the insurer of the vehicle. In this appeal, the appellant-Insurance Company is challenging the quantum so awarded by the Tribunal.