NATIONAL INSURANCE CO LTD Vs. NELPHONA

JUDGEMENT

(1.) Is the widow who is expected by the society to live a life of austerity and abnegation, on remarriage is entitled to compensation in respect of death of her deceased husband is the issue to be decided. The first respondent is the claimant who filed the petition for compensation claiming a sum of Rs. 7,00,000/- in respect of death of her husband, impleading her father-in-law as the respondent, who is the sixth respondent herein. The claims Tribunal gave a finding that the accident took place due to the negligent driving of TATA Sumo Car and awarded a sum of Rs. 5,28,000/- as compensation.

(2.) Challenging the finding on negligence, the quantum of compensation and the rate of interest, the insurance company has filed this appeal.

(3.) The appellant is the insurer of the TATA SUMO Car, of which the second respondent is the owner. The fourth respondent is the registered owner of the Enfield motor cycle bearing registration No. TN-22-E-5462, which was driven by the deceased and the fifth respondent is the insurer of the motor cycle. The sixth respondent is the father of the deceased, who died during the pendency of the appeal.