NATIONAL INSURANCE COMPANY LIMITED Vs. P SURESH

JUDGEMENT

(1.) When a victim of accident loses his pregnant wife, the fetus and his leg as well, all in the same accident, can he be told that he is not entitled to compensation, all because, the offending tort-feasor could not be identified by the State machinery, this is the challenging question raised by the victim of the accident.

(2.) Contending that there is no foundational fact establishing the liability on the part of the Insurance Company and thus, the Insurance Company is not liable, these two appeals have been filed by the Insurance Company.

(3.) M.C.O.P.No.260 of 2010 has been filed by the petitioner, P.Suresh, claiming compensation of Rs.5,00,000/-, in respect of death of his wife in the accident that took place on 03.09.2008. The Tribunal, on consideration of the oral and documentary evidence, passed an award for a sum of Rs.6,02,680/-. Challenging the same, C.M.A.No.1832 of 2016 has been filed by the insurance company.