UNITED INDIA INSURANCE CO LTD Vs. LAKSHMI

JUDGEMENT

(1.) The subject matter of this appeal is a claim arising out of a motor accident. In the accident which took place on 5.9.1980 husband of the first respondent, Krishnan sustained grievous injuries. Later he succumbed to his injuries at the District Hospital, Trichur on 15.10.1980. The vehicle involved in the accident was a motor tractor KLM 1776 which was insured with the appellant, the United India Insurance Company. The liability of the insurer is unlimited. The wife and children of deceased Krishnan filed petition under S.92A and 110A of the Motor Vehicles Act claiming compensation of Rs. 1 lakh. The tribunal after holding enquiry awarded a sum of Rs. 77,000/- as compensation. The liability to pay compensation was fixed with the appellant The insurer being dis-satisfied with the fixation of the liability has filed this appeal against the award in MVOP No. 260 of 1986 of the Motor Accidents Claims Tribunal, Manjeri.

(2.) After holding the enquiry, the Tribunal found that the accident was caused due to the rash and negligent driving of the 9th respondent. That question is not disputed in this appeal.

(3.) A cross objection has been filed on behalf of the eighth respondent, who is the owner of the vehicle. Since the appeal has been filed by the insurer, cross objection filed by the owner of the vehicle is not maintainable in view of the decision of a Division Bench of this Court in New India Assurance Co. Ltd. v. Kunhiraman Nambiar ( 1994 (1) KLT 956 ). The Division Bench rejected the prayer of the claimant therein to reconsider the decision in United India Insurance Co. Ltd. v. Jameela Beevi ( 1991 (1) KLT 832 ). We do not see any reason to say otherwise.