ORIENTAL FIRE AND GENERAL Vs. SAROJINI DEVI

JUDGEMENT

(1.) THE appellant is the insurer of a goods vehicle KLA-2793 which fatally knocked down the husband of the first respondent on July 20, 1975 at about 10.45 p.m. The widow and children of the deceased filed O.P. (M. V.) No. 347 of 1979, before the Motor Accidents Claims Tribunal, Trivandrum, claiming that they were entitled to an amount of Rs. 67,200 as compensation, but limiting their claim to Rs. 50,000. At the time of his death, the deceased was 51 years old and was drawing a sum of Rs. 857 as salary as Principal of the Devaswom Board College, Nariampara.

(2.) THE owner and driver of the vehicle contested the claim stating that the accident was not caused due to rashness and negligence of the driver. The widow of the deceased was examined in support of the claim. The respondents did not lead any evidence. They did not contest the effect of the accident or its fatal consequences. They did not dispute the status of the deceased or his income. The Tribunal, therefore, awarded an amount of Rs. 42,400 along with interest at the rate of 6% from October 29, 1980 to the claimants. The insurer, who is the present appellant, was directed to deposit the amount. It is against that judgment that the present appeal has been filed under Section 110D of the Motor Vehicles Act.

(3.) IT has been held by this court in the decision New India Assurance Company Ltd. v. O. V. Radhakrishnan, [1983] K.LT 547, that the contest of the insurer was confined only to the defences contained in Section 96(2) of the Motor Vehicles Act. It was, therefore, not open to the insurer to dispute the quantum of the compensation. The appeal, therefore, has necessarily to fail.