NATIONAL INSURANCE CO LTD Vs. MARY JANET

JUDGEMENT

(1.) .This is an appeal under S.173 of the Motor Vehicles Act, 1988 (for short 'the Act') filed by the National Insurance Co. Ltd., the insurer of an offending vehicle involved in a motor accident which occurred on 3.5.1991, against the award passed by the Motor Accidents Claims Tribunal, Ernakulam in O.P. (MV) No. 576 of 1991. The respondents 1 to 3 herein are the claimants before the Tribunal. The respondents 4 and 5 herein are respondents 1 and 2, the owner and driver of the offending vehicle, who remained ex parte before the Tribunal. The respondents 1 to 3 herein who are respectively the wife, son and father of the deceased Vincent who died in the above accident filed application under S.166 of the Act claiming an amount of Rs. 5 lakhs as compensation before the Tribunal. After the enquiry it passed an award fixing the total compensation of Rs. 3,97,500/- with 12% interest from the date of the petition till the date of realisation. The Tribunal allowed respondents 1 to 3 to realise the award amount from the owner, driver and insurer of the offending vehicle. The Tribunal also directed the appellant to pay the award amount within thirty days of the date of the award. Being aggrieved by the said award the present appeal has been filed.

(2.) The main contestants in this appeal are the appellant Insurance Company and respondents 1 to 3, the claimants. The other respondents in the appeal remained ex parte. We heard learned counsel appearing for the appellant as well as respondents 1 to 3.

(3.) The only question canvassed by the counsel for the appellant centres round the adequacy of the compensation awarded by the Tribunal. In other words, the contention of the appellant is that the amount of compensation awarded by the Tribunal is too excessive and hence liable to be reduced in view of the grounds urged in the appeal. Before dealing with his question it is apt to consider as to what extent the insurer of an offending vehicle can challenge an award of a competent Tribunal passed after conducting an enquiry.