NEW INDIA ASSURANCE CO LTD Vs. RAJU MARKOSE

JUDGEMENT

(1.) The 2nd respondent insurer appeals against the award of the Motor Accidents Claims Tribunal, Quilon in O. P (M. V.) 206 of 1985 directing the insurer to pay compensation Rs. 2,10,000/- to the petitioners for the death of their mother Grace Markose in a car accident on 7-12-1978.

(2.) The claim was for compensation Rs.6,00,000/- from respondents 1 and 2. The 1st respondent is none other than the father of the claimants. The claimants are minors represented by their next friend.

(3.) The car KLI 1050 belonged to the 1st respondent. The 1st respondent himself was driving the car bringing his children home from their boarding school at Trivandrum. Their mother Grace Markose was in the front seat. The accident took place at 5. 30 p. m. at road junction on the M. C. Road, south of Kottarakkara town. The vehicle capsized causing serious injuries to Grace Markose. She succumbed to the injuries on the same day at about 9 p. m. The petitioners are the children of Grace Markose and the 1st respondent. They claim compensation for the death of their mother who was a medical officer in the St. John's Hospital, Kattappana drawing a salary of Rs. 2500/-p. m. The case was posted from time to time and on 6-3-1981 it was posted to 4-4-1981 allowing the respondents a last chance to file written statements. The 2nd respondent insurer filed a written statement on 4-4-1981. No written statement was filed by the 1st respondent. Much later on 8-5-1981 the 1st respondent filed a written statement wherein he has raised a contention that the liability, if any, is of the insurer as the vehicle is covered by a policy of insurance. According to him the cause of death of Grace Markose was an accident and not due to his negligence. The 2nd respondent insurer disclaimed its liability to compensate the petitioners for the death of Grace Markose in the accident. The Tribunal found rashness and negligence on the part of the 1st respondent as, according to the tribunal, the accident itself speaks for the same. The Tribunal awarded a consolidated sum of Rs. 2,10,000/- as compensation. The award is against both respondents 1 and 2. But the 2nd respondent insurer is directed to pay the amount and on failure of payment, there is a further direction that execution steps should be taken first against the 2nd respondent insurer.