NEW INDIA ASSURANCE COMPANY LTD Vs. ABDUL GAFOOR

JUDGEMENT

(1.) It was on 31.3.2011 the accident. It resulted in the death of a lady by name Naznin who was aged 30 years then. She was a passenger in a car. The car was hit by a tipper lorry. The said vehicle was driven in a rash and negligent manner. It was insured with the appellant. The above are facts either admitted or proved.

(2.) Heard Sri.Rajan P.Kaliyath, the learned counsel for the appellant and Sri.P.S.Appu, the learned counsel for the respondents/claimants.

(3.) The tribunal awarded a total compensation of Rs 14, 27, 800/- under ten heads. The appellant is the insurer. The appeal is filed to get the compensation awarded under four heads reduced. The tribunal awarded Rs 25, 000/- as funeral expenses and Rs 1, 00, 000/- as compensation for loss of consortium to the widower. Going by the decision of the constitution bench of the Supreme Court in National Insurance Company Ltd vs Pranay Sethi, 2017 5 KHC 350, the compensation under the said heads shall be respectively Rs 15, 000/- and Rs 40, 000/- only. The amount awarded as funeral expenses was excess by Rs 10, 000/-.