UNITED INDIA INSURANCE COMPANY LTD. Vs. TMT. PANDIYAMMAL

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree in MCOP. No. 843 of 2015 dtd. 31/10/2017 on the file of the Motor Accidents Claims Tribunal, 6th Additional District Court, Madurai.

(2.) In an accident which occurred 19/12/2014, the husband of the 1st respondent/claimant and father of the respondents 2 to 4/minor claimants died. The legal representatives filed claim petition under Sec. 163-A of the Motor Vehicles Act and the Tribunal considering the oral and documentary evidence on either side, directed the appellant who is the insurer of the 5th respondent's vehicle, to pay compensation of Rs.7,03,000.00 with 7.5% interest per annum from the date of petition till the date of deposit. However, since the driver of the 5th respondent's vehicle involved in the accident, did not possess valid driving licence at the time of accident, the Tribunal directed the appellant to pay the compensation at the first instance and thereafter recover the same from the 5th respondent/owner of the vehicle. Aggrieved by the said award, the appellant has filed this appeal challenging negligence and quantum.

(3.) Learned counsel for the appellant would contend that the deceased was a tort-feasor and therefore, his heirs cannot claim compensation for his own wrong. In support of the said submission, he relied on the Supreme Court judgment in National Insurance Company Ltd. v. Ashalata Bhowmil and others reported in 2018 SAR (Civil) 1119. On the quantum of compensation, learned counsel contended that the award of Rs.1,00,000.00 towards loss of consortium is on the higher side and as per the judgment of the Apex Court in National Insurance Company Limited v. Pranay Sethi and others (Special Leave Petition (Civil) No. 25590 of 2014 dtd. 31/10/2017), under conventional heads, the claimants are entitled to Rs.70,000.00 only, but the Tribunal has awarded Rs.1,20,000.00. Thus, he prayed for reduction under the above heads.