NATIONAL INSURANCE COMPANY LIMITED Vs. SINDU GOPAN

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(MV) No.653/2008 of Motor Accidents Claims Tribunal, Pathanamthitta by the insurer. One Gopal M. Vasudevan died in a motor accident on 22.03.2008 and the learned Tribunal awarded Rs.12, 65, 000/- with 9% interest and proportionate cost as compensation. Being aggrieved by that, the insurer preferred this appeal.

(2.) Dependents claim in the lower court is that on 203.2008 at 4.15 pm, the deceased was riding KL05/B-7246 along Mallappally - Ranny public road, that time another vehicle KL-03-/J-1819 driven in a rash and negligent manner and hit against the motor cycle, as a result the deceased sustained serious injuries and died in a motor accident. The driver and owner of the vehicle were set ex-parte in the lower court. The insurer alone contested the matter, who admitted the insurance of the vehicle. Claimants did not adduce any oral evidence, but their documents were marked as Exts.A1 to A9. Respondents did not adduce any evidence.

(3.) The learned counsel appearing for the insurer contended that excess amount was awarded for funeral expense, loss of consortium and loss of love and affection. The above amount was awarded by the Tribunal against the decision of the apex court in National Insurance Company V. Pranay Sethi, (2017) 4 Kerala Law Times 662 .