MALLIKA Vs. S K RAJENDRAN

JUDGEMENT

(1.) C. M. A. No. 998 of 1995 has been preferred by the claimant in M. C. O. P. No. 21 of 1991 on the file of the District Court (Motor Accidents Claims tribunal), Nagercoil. In M. C. O. P. No. 21 of 1991, the Tribunal below awarded a compensation of Rs. 26,400 with interest and costs of Rs. 4,403 in all. Not being satisfied with the quantum of compensation awarded by the Tribunal below the claimant has preferred the present appeal, while the insurance company filed Cross-objection No. 105 of 1998 contending that the deceased was neither required to be covered by the provisions of the Motor vehicles Act, nor covered under the policy of insurance as the deceased fall under the category of non-fare paying passenger for whom a limited sum of Rs. 10,000 only has to be paid under policy.

(2.) THE learned counsel appearing for the appellant contended that no amount has been awarded for funeral expenses, though the claimants claimed Rs. 5,00,000, only Rs. 26,400 alone has been awarded for the fatal accident. It is contended by the learned counsel for the appellant that the deceased aged 23 years was earning more than Rs. 3,000 per month as seen from the exhibits and at any rate the award of compensation is too low.

(3.) THE counsel for the cross-objector heavily relied on the pronouncement of the supreme Court in New India Assurance co. Ltd. v. Asha Rani, 2003 ACJ 1 (SC)and contended that the insurer is not liable for the non-fare paying passenger on a goods vehicle.