INDIAN MUTUAL GENERAL INSURANCE SOCIETY LTD Vs. HELEN MINEZES

JUDGEMENT

(1.) On 3-1-1964 at about 3-45 P.M. near Vomanjoor on Mangalore-Gurupur Road, there was a collision between Motor Lorry bearing No. MYX 4935 and Eastefan Minezes, as a result of which he sustained injuries and died on 5-1-1964 in the hospital. His wife and three children filed an application under S. 110-A of the Motor Vehicles Act, claiming compensation of Rs. 15,000 before the Motor Accidents Claims Tribunal, Mangalore. The vehicle in question had been insured, as required under the Motor Vehicles Act with the Indian Mutual General Insurance Society Ltd, Mangalore. The insured and the insurer were both made parties to the proceedings. After trial, the Tribunal came to the conclusion that due to the negligence on the part of the driver of the vehicle, the collision took place as- a result of which Eastefan Minezes died. The Tribunal awarded compensation of Rs. 8,85C in all, to the claimants. Against this decision, the owner of the vehicle has not preferred any appeal, but the insurer namely, the Indian Mutual General Insurance Society Ltd., Mangalore has filed the present appeal.

(2.) Mr. D'Sa, appearing for the claimants, urged that the appeal filed bv the insurer is not maintainable on the grounds now taken in the appeal memo. The only grounds that the insurer has taken in this appeal are: (1) that there was no negligence on the part of the driver of the vehicle; and (2) that the amount awarded is excessive.

(3.) It is undisputed that the insurer can only take objections as provided under S. 96(2) of the Motor Vehicles Act, 1939. S. 96(2) provides: