NATIONAL INSURANCE CO. LTD. Vs. KATHRI AND ORS.

JUDGEMENT

(1.) The insurer of a stage carriage KLQ 7320 which collided with an auto rickshaw KLE 7520 near Cherai at about 1.30 p.m. on 4.5.1976 is the appellant in this appeal under Sec. 110-D of the Motor Vehicles Act. The driver of the auto-rickshaw who was the husband of the first respondent sustained burn-injuries as a result of the accident and he succumbed to those injuries soon thereafter. The first respondent claimed an amount of Rs. 46,000/ - as compensation for the death of her husband. The owner, driver and insurer of the stage carnage were impleaded as respondents on the allegation that the accident was occasioned by the rash and negligent manner in which the 3rd respondent drove the vehicle at the time of the accident. The collision between the two vehicles was not disputed before the Tribunal. Nor was the fact that the deceased sustained burn injuries as a result of petrol which leaked from the auto-rickshaw catching fire as a result of the collision.

(2.) The claimant examined herself as P.W. land produced eight documents, the last of which was a letter signed by the claimant to the appellant insurer. Ext. A7 was the reply notice sent by the Advocates of respondents 2 and 3. In her evidence as P.W. l,the claimant testified that her deceased husband was earning about Rs. 600.00 per month and that he was only 25 years old at the time of his death. Since it was in evidence that he was indebted largely, the Tribunal assumed that he would have contributed only Rs. 200.00 per month to the claimant. The annual loss which was thus assessed as Rs. 2400.00was multiplied by 10 which was adopted as the multiplier to arrive at Rs. 24,000.00as the loss of dependency. No further amount was awarded under any other head. Even though the parents of the deceased were not claimants before the Tribunal, it directed payment of portions of the compensation to them as well along with interest at 6% from 28.7.1977 from the date of filing of the application till realisation. We find from the records that an application was filed on 12.2.1982 to implead the parents of the deceased as additional claimants. No formal orders are passed on that application. Yet the Tribunal directed payment first part of the compensation to them also. The respondent has now filed C.M.P. No. 33052 of 1988 to amend the cause title of the judgment and award by impleading them as additional petitioners 2 to 4. We heard parties on that application and have allowed the same.

(3.) In this appeal the appellant insurer submits that the accident or the injuries sustained therein was not the proximate cause for the death of the husband of the claimant. The contention urged by Counsel for the appellant is that the accident was occasioned by the deceased who was driving the auto-rickshaw having a lighted cigarette at the time when petrol leaked as a result of the collision. He, therefore, submitted that the accident not being the proximate cause for the death, the Tribunal ought not have awarded any compensation to the claimant. Counsel also submitted that there was collusion between the claimant and the owner and driver of the passenger bus KLQ 7320 and the Tribunal should, therefore, have permitted the appellant insurer to defend the claim more elaborately.