NEW INDIA INSURANCE CO. LTD Vs. SHANTHA

JUDGEMENT

(1.) ON 10.9.2003, one Murugan, the head of the family of the claimants lost his life in a tragic incident. For this, his wife and children claimed compensation. The Tribunal awarded them Rs.3,37,300/- (There is an arithmetic mistake, actually, it is Rs.3,36,300/-).

(2.) LEARNED counsel for the appellant would contend that the deceased travelled in the lorry as a gratuitous passenger. So, there is no coverage in the policy. Further, there was no negligence on the part of the lorry driver, as the deceased himself hit on the protruding tamarind tree branches, while the lorry was moving. The claimants themselves have stated that the deceased was 43 years old. But, the Tribunal determined it 37, merely based on the postmortem certificate. In fact, the wife of the deceased herself was then 42 years old. Further, excessive compensation has been awarded.

(3.) I have considered the rival submissions, perused the materials on record and also the impugned award of the Tribunal.