BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. MUTHU

JUDGEMENT

(1.) The present appeal is filed by the insurer against the award of compensation of Rs. 2,76,167/-with interest at 9% per annum in favour of LRs. of one Durairaj Nadar @ Poosari, who is the victim of the fatal accident occurred at 1.00 a.m. on 24.12.2007 near Kalkurichi on Aruppukottai -Madurai Road. The two vehicles involved in the accident are one Mahindra Van owned by the first Respondent and insured with the second Respondent and one Maruthi Van in which the deceased was travelling owned by the third Respondent and insured with the fourth Respondent. The date, time and place of the accident, the involvement of the vehicles in the accident resulting in the death of Durairaj Nadar @ Poojari, the age of the deceased, his avocation and monthly earning, the relationship of the deceased with the claimants and the dependency of the claimants upon his income are not denied.

(2.) The claim petition was filed by the claimants under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") by contending that the annual income of the deceased was Rs. 40,000/-as vegetable vendor and poojari. The Tribunal has under the structured formula specified in the second schedule of the Act, awarded compensation of Rs. 2,76,167/-to the Petitioners 1 to 5 being the wife, married and unmarried daughters of the deceased.

(3.) Though the claim petition was not contested by the Respondents 1 to 3 therein, it is contested by the 4th Respondent, who is the insurer of Maruthi Van. On the failure of the insured to contest the claim petition, the insurer has filed an application under Section 170 of the Motor Vehicles Act, thereby obtained permission to contest the claim on all the grounds available to the insured.