Anu wife and Others vs New India Assurance Company Limited

K. Kannan, J.—The appeal is for enhancement of compensation for death of a male aged 59 years who was driving the car that stood registered in the name of his wife. The accident did not involve any other vehicle and the case had been filed against the insurance company. Since the registered owner of the vehicle was his wife and she had also died, the sons and daughter and parents of the deceased had filed the case only against the insurance company. The defence was taken before the Tribunal that the case filed merely against the insurance company was not maintainable since representatives of the owner had not been impleaded. Such an impleadment in this case would not have been possible since the representatives of the owners were themselves the claimants. The claimants could not have figured both as petitioners and respondents.

If the accident had taken place by the conduct of the deceased driver himself and if he was not a paid driver but husband of the owner then even a claim to compensation of what is possible for a paid driver under the Workmen''s Compensation Act would not be possible. The Tribunal under the circumstances awarded compensation of Rs. 50,000/- against the insurance company. The insurance company is not in appeal to challenge the correctness of this decision. I, therefore, do not modify the liability already cast on the insurer otherwise there is no scope for consideration for enhancement.

The appeal is dismissed.