NEW INDIA ASSURANCE COMPANY LTD Vs. RAJ KUMARI

JUDGEMENT

(1.) Insurer is appellant in this appeal under Section 178 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) On 23-10-1989 Maruti Van No. DDV 467 dashed against a tree as a result of which Murari Singh, an occupant of the Car sustained fatal injuries and expired. Murari was employed as driver of the Car. Claimants, who are widow and minor son of the deceased filed application for compensation.

(3.) Insurer contested the claim on the ground that driver of the Vehicle having himself been negligent, claim by dependants under the Act is not sustainable. Added to it insurer asserted that claim is excessive and claimants are entitled in the maximum to compensation as provided under the Workmen's Compensation Act.