NATIONAL INSURANCE COMPANY LTD. Vs. GRACY

JUDGEMENT

(1.) The insurer in a proceedings for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal in declining the relief of pay and recovery sought by them.

(2.) One Baby died in a motor accident took place on 15.8.2009. Respondents 1 to 3 who are his wife and children instituted the proceedings for compensation. The case set out by respondents 1 to 3 in the proceedings was that Baby was riding a scooter on the fateful day through Kothamangalam-Muvattupuzha Road from south to north and while so, the fourth respondent who was sitting inside a Maruti van owned by him which was parked on the western side of the road opened its front right door abruptly and negligently and the handle of the scooter ridden by Baby consequently hit on the door of the van and as a result, Baby lost control over the vehicle, fell down and sustained fatal injuries. It is alleged by the claimants in the claim petition that the accident occurred on account of the negligence of the fourth respondent in abruptly opening the door of the van. Compensation was, therefore, claimed in the proceedings from the fourth respondent, and the appellant who was the insurer of the van. The appellant contested the proceedings, contending that the accident occurred on account of the negligence of the deceased himself. It was also contended by the appellant that the fourth respondent was not duly licensed to drive the van at the relevant time and therefore, if it is found that the accident occurred on account of the negligence of the fourth respondent, they shall be permitted to realise the compensation, if any, payable to the claimants from the fourth respondent. The Tribunal found that the accident occurred on account of the negligence of both the fourth respondent and the deceased, and apportioned the negligence on their part at 75% and 25% respectively. The Tribunal also found that respondents 1 to 3 are entitled to a sum of Rs. 7,21,697/- by way of compensation. However, in the light of the finding as to the negligence on the part of the deceased, the Tribunal passed an award directing the appellant to pay 75% of the compensation determined as due to respondents 1 to 3 in their capacity as the insurer of the van. The appellant is aggrieved by the decision of the Tribunal, in so far as it declined the pay and recovery right sought by them. Hence this appeal.

(3.) Heard the learned counsel for the appellant as also the learned counsel for the respondents.