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2005 DIGILAW 228 (UTT)

UNITED INDIA INSURANCE CO. LTD. v. HEMA PANDE

2005-07-04

P.C.VERMA, PRAFULLA C.PANT

body2005
PRAFULLA C. PANT, J. ( 1 ) THIS appeal preferred under section 173 of Motor Vehicles act, 1988, is directed against the judgment and award dated 3. 9. 2004, passed by the motor Accidents Claims Tribunal/second fast Track Court, Nainital, whereby a sum of Rs. 1,54,000 has been awarded as the amount of compensation to the claimants. ( 2 ) BRIEF facts of the case are that Vik-rant Pande (deceased), son of the claimants was aged 18 years. It is alleged that he was earning Rs. 4,500 per month by running a shop under the name and style of 'pande mishthan Bhandar'. The claimants Hema pande and Anand Ballabh Pande are parents of Vikrant Pande (deceased), who were alleged to be dependent on him. Deceased was an unmarried man. It is alleged that his friend Ajay Singh Bisht was going on a motor cycle, registration No. UP 02-D 2933. The motor cycle was being driven by Ajay Singh Bisht and Vikrant Pande was pillion rider. At about 2. 30 p. m. , when the motor cycle reached near Talli Mangoli, due to the technical defect, it fell into a deep gorge in which Vikrant Pande died on the spot and Ajay Singh Bisht received serious injuries (who also later died ). The parents of Vikrant Pande have claimed rs. 8,00,000 as amount of compensation. Claim petition was contested by appellant united India Insurance Co. Ltd. , which denied the contents of claim petition for want of knowledge. It was pleaded in the written statement of the appellant that no information was given to it, as required under section 158 (6) of Motor Vehicles act, 1988. It is further alleged in written statement of the appellant that conditions of the policy of the vehicle in question was violated. It is also pleaded that the company is liable to make payment only to the third party and not to the owner of the vehicle. ( 3 ) LEARNED Tribunal, after framing the necessary issues, awarded compensation to the tune of Rs. 1,54,000 which was directed to be paid by United India Insurance co. Ltd. (appellant), aggrieved by which the said company has filed this appeal. ( 4 ) WE heard learned counsel for the parties and perused the record. ( 3 ) LEARNED Tribunal, after framing the necessary issues, awarded compensation to the tune of Rs. 1,54,000 which was directed to be paid by United India Insurance co. Ltd. (appellant), aggrieved by which the said company has filed this appeal. ( 4 ) WE heard learned counsel for the parties and perused the record. ( 5 ) IT is strange that the learned Motor accidents Claims Tribunal, ignored the fact that the same person who is claimant no. 2 is also permitted to be the opposite party No. 1, as owner of the vehicle. Anand ballabh Pande is owner of the motor cycle in question, as is clear from the copy of registration certificate of the vehicle who has impleaded himself as the claimant as well as respondent No. 1, before the learned Tribunal. Perusal of the claim petition, shows that in the prayer clause, amount of compensation has been claimed from both the opposite parties before the Tribunal, which means from the owner as well as the insurance company. The Motor Accidents claims Tribunal had erred in law by entertaining the written statement of respondent anand Ballabh Pande, while he himself has signed the claim petition as the claimant No. 2. It is unheard of in the history of law that a person is claiming relief against himself. Therefore, to that extent, claim petition on behalf of Anand Ballabh Pande suffers from illegality and not maintainable. However, the same cannot be said for claimant Hema Pande, the mother of the deceased, Vikrant Pande. Now we will examine this appeal regarding the amount of compensation awarded in her favour. ( 6 ) FROM the evidence of PW 1, Hema pande, read with the Inquest Report of the dead body (paper No. 5 C/5), filed before the Tribunal, it is proved that claimants son, Vikrant Pande, died in an accident on 20. 12. 2000. It is further established from the evidence on record, as adduced by PW 1, hema Pande that Vikrant Pande was travelling in a motor cycle bearing registration no. UP 02-D 2933, as a pillion rider with Ajay Singh Bisht when both of them fell together with motor cycle near Talli mangoli, on their way from Ramnagar to nainital. 12. 2000. It is further established from the evidence on record, as adduced by PW 1, hema Pande that Vikrant Pande was travelling in a motor cycle bearing registration no. UP 02-D 2933, as a pillion rider with Ajay Singh Bisht when both of them fell together with motor cycle near Talli mangoli, on their way from Ramnagar to nainital. PW 1 Hema Pande has further stated that the age of her son was 18 years and he was running business under the name and style of 'pande Mishthan Bhandar', from which he used to earn Rs. 4,500 per month. She has further stated that the report of the accident was lodged with the police Station, Kaladungi. Paper No. 5 C/ 3, filed before the Tribunal is the cover note of the policy, which shows that the vehicle in question, owned by Anand Ballabh pande (respondent No. 2 and father of the deceased), was insured with United india Insurance Co. Ltd. (appellant) at the time of the accident. Learned Tribunal has assessed the dependency of the claimants on their son at the rate of Rs. 15,000 per annum, as he was so young that he could not have earned more by running an independent shop (out of said Rs. 15,000 per year, it can be said that each of the parents was dependent to the extent of Rs. 7,500 per annum ). In the facts and circumstances of the case, we are in agreement with the said assessment. In view of the age of the parents of the deceased (more particularly that of mother, claimant No. 1), learned tribunal has rightly applied the multiplier of 10. Compensation on account of funeral expenses to the tune of Rs. 2,000 and a sum of Rs. 2,000 towards other expenses, too cannot be said to be unreasonable. 6 per cent rate of interest from the date of claim petition is also reasonable on the sum awarded. It has come on the record that Hema Pande had no means of her own income and she was dependent on her son, vikrant Pande. Therefore, the sum awarded to her does not require any interference. ( 7 ) THE learned counsel for the appellant, argued that the motor cycle was being driven without a valid driving licence, as such it is not liable to make any payment. Therefore, the sum awarded to her does not require any interference. ( 7 ) THE learned counsel for the appellant, argued that the motor cycle was being driven without a valid driving licence, as such it is not liable to make any payment. But paper No. 5 C/4, filed before the Tribunal, shows that Ajay Singh Bisht had a valid driving licence No. 47369 of 1998, which was issued for the period 4. 5. 1998-3. 6. 2018. PW 1 Hema Pande, has stated that the vehicle was being driven by Ajay singh Bisht and Vikrant Pande was pillion rider. There is no contrary evidence adduced on behalf of the appellant before the tribunal. As such we have no reason to disbelieve the statement of PW 1 Hema pande. The above arguments on behalf of the appellant has no force. In view of the above discussion, the impugned award deserves to be upheld, as to the amount of compensation awarded to Hema Pande, claimant-respondent No. 1. At the same time impugned award is liable to be set aside to the extent of the sum awarded to anand Ballabh Pande, owner of the vehicle who has claimed the amount of compensation against himself. Therefore, the appeal is dismissed as against the claimant No. 1 hema Pande, while it is allowed as against the claimant-respondent Anand Ballabh pande. Rs. 77,000 along with interest at the rate of 6 per cent, till the date the amount is deposited, shall be paid to the claimant no. 1, i. e. , Hema Pande, mother of the deceased Vikrant Pande. In respect of the rest of the amount, which was awarded to claimant No. 2, the award is set aside. No order as to costs. Appeal partly allowed. --- *** --- .