NATIONAL INSURANCE COMAPANY Vs. SATHYABATE PARTO

JUDGEMENT

(1.) The insurer is the appellant. The 4th respondent is the owner and driver of a vehicle in which his father Kashi Vishwanathan was a passenger, when it met with an accident resulting in the death of Kashi Vishwanathan, three days after the accident. Respondents 1 to 3, the other children of Kashi Vishwanathan filed O.P.(M.V)No.588/1993 before MACT, Punalur and sought for an order for compensation. They charged the 4th respondent, their brother, of negligence resulting in the death of their father.

(2.) Insurer contested the proceedings contenting that the 4th respondent owner cum driver was not negligent and the victim of the accident, Kashi Vishwanathan, was living with the 4th respondent and the petitioners were not dependant of the deceased.

(3.) The Tribunal granted an interim award. Later on, after recording evidence and holding that taking into consideration the age of the deceased, the period he had undergone treatment after sustaining injuries, dependency etc., a sum of Rs.45,000/- was awarded as compensation to petitioners 1 to 3. The Tribunal was well aware of the fact that the primary tort feasor, 4th respondent is also a son of the deceased. Therefore, the Tribunal made it specific that the compensation determined by it is that which is found due to the petitioners, that is the children of the deceased, excluding the primary tort feasor viz.4th respondent.