UNITED INDIA INSURANCE COMPANY LIMITED Vs. MARIYAMMAL

JUDGEMENT

(1.) The challenge in this appeal is to the award of the Motor Accident Claims Tribunal, Tirupattur made in MCOP.No.1600 of 2013, granting a compensation of Rs. 17,21,483/- to the claimants who are the wife, children and parents of one Murugan who died in the road accident that occurred on 23.11.2012. The claim petition itself was filed under Section 163(A) of the Motor Vehicles Act, 1988.

(2.) On 23.11.2012, at about 45 p.m the deceased was driving a parcel van bearing registration No.KER 5658 belonging to the 1st respondent. The deceased lost control of vehicle due to unavoidable circumstances and it went off the road dashed against a rock. As a result of the accident, the driver suffered grievous injuries and he was immediately rushed to the Malankara Orthodox Syrian Church Medical College Hospital, Kolenchery in Kerala and he was admitted as an inpatient. Despite treatment he died in the hospital. A case was registered against the deceased by the Karimanal Police in crime No.16 of 201 The claimants would term the accident as unavoidable and seek compensation of Rs. 25,00,000/-.

(3.) The said claim was resisted by the Insurance Company contending that the accident occurred due to the negligence of the deceased who happened to be the driver of the parcel van. Terming him as a tort-feasor, the Insurance Company contended that if at all the claimants are entitled to any compensation, it could only be a fixed compensation, since the claim petition itself has been filed under Section 163(A) of the Motor Vehicles Act.