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2009 DIGILAW 179 (UTT)

RAISHA v. BALVEER SINGH

2009-04-16

B.C.KANDPAL

body2009
JUDGMENT Hon’ble B.C. Kandpal, J. This appeal, under Section 173 of the Motor Vehicle Act, has been filed for enhancement of the amount of compensation by the claimants, against the judgment award dated 31.10.2007, passed by Motor Accident Claims Tribunal/District Judge, Haridwar, in MACP No. 181/2006, Smt. Raisha and others Vs. Balveer Singh and others. 2. Brief facts of the case are that on 20.4.2006 at about 9 A.M. Furkan Ali was waiting for Bus standing in front of Chaudhary market, at G.T. Road, Manglore, suddenly Tractor Trolley bearing registration No. U.A. 08-C-9564 came there in a high speed and dashed him due to which he died. Therefore the claimants preferred the claim petition for compensation. 3. The driver and owner of offending Tractor filed written statement and alleged that the accident has occurred due to contributory negligence of the deceased. However, the tractor was insured with New India Assurance Company, therefore, the liability to pay the compensation is upon the shoulder of the insurance company. 4. The opposite party/New India Assurance Company also contested the claim petition and denied the allegations made in the petition. The insurance company admitted the insurance of the offending truck with it. However, it alleged that the tractor was not possessing valid documents and its driver was also not having valid and effective driving license. 5. The learned tribunal on the pleadings of parties framed relevant issues in the claim petition. Thereafter, parties adduced evidence in support of their cases. The tribunal after hearing learned counsel for the parties and considering the entire material available on record, decreed the claim petition for a sum of Rs. 5,25,000/- along with interest @ 5% per annum from the date of filing the petition till the date of actual payment, against the New India Assurance Company. The tribunal further directed that out of the awarded amount of compensation Rs. 5,00,000/- shall be invested in the name of Smt. Raisha and her son Master Aayan Ali, jointly in some Nationalized Bank or Post Office in fixed deposit for a period of 25 years, Rs. 15,000/- shall be paid to Smt. Rahisha Begum mother of the deceased and the remaining amount along with interest shall be paid to Smt. Raisha widow of the deceased in cash. 6. Feeling aggrieved, the claimants have preferred this appeal for enhancement of the compensation. 7. 15,000/- shall be paid to Smt. Rahisha Begum mother of the deceased and the remaining amount along with interest shall be paid to Smt. Raisha widow of the deceased in cash. 6. Feeling aggrieved, the claimants have preferred this appeal for enhancement of the compensation. 7. Heard learned counsel for the parties and perused the record. 8. So far as the factum of accident is concerned, the opposite party/owner and driver of the offending tractor have admitted the involvement of the deceased in accident from their tractor but they alleged that the accident was the result of contributory negligence of the deceased. P.W.1, Smt. Raisha has deposed that her husband at the time of accident was standing 15 feet away from the main road in order to catch the bus and the driver of tractor trolley No. UA 08-C-9564 dashed him in a rash and negligent manner. The F.I.R. of the accident was lodged by one Habibur Rehman on the same day mentioning therein that the driver of tractor trolley dashed the deceased in a rash and negligent manner. The opposite parties did not adduce any evidence in support of their plea that the deceased also contributed in the accident. Therefore, on the basis of evidence available on record, the tribunal has rightly held that the accident was caused due to sole negligence of the driver of offending tractor trolley. 9. The learned tribunal has dealt with the point of valid insurance and driving license possessed by the driver of the offending tractor on issue No. 3. From perusal of record it reveals that photo copy of driving license and the insurance cover note have been filed on record and these documents show that the offending tractor was insured with New India Assurance Company and its driver was having valid and effective driving license at the time of accident. Therefore, the learned tribunal has rightly fastened the liability of compensation on the shoulder of the insurance company. The findings of the tribunal do not require any interference on this point also. 10. Now coming to the quantum of compensation awarded by the tribunal, it has come in evidence of Smt. Raisha P.W.1 that her husband was getting salary of Rs. 5,000/- per month. The opposite party did not adduce any evidence in rebuttal and the deposition of P.W.1 on the point of income of the deceased, remained un-rebutted. 10. Now coming to the quantum of compensation awarded by the tribunal, it has come in evidence of Smt. Raisha P.W.1 that her husband was getting salary of Rs. 5,000/- per month. The opposite party did not adduce any evidence in rebuttal and the deposition of P.W.1 on the point of income of the deceased, remained un-rebutted. Therefore, the tribunal assessed the monthly ;income of the deceased as Rs. 5,000/- and the annual being Rs. 60,000/-. The tribunal after deducting 1/3rd towards personal expenses of the deceased assessed the total annual dependency of the claimants upon the deceased as Rs. 40,000/-. The deceased at the time of accident was 30 years of age and the tribunal has adopted the multiplier of ‘13’, thereby computing the total dependency of Rs. 40,000/- x 13 = 5,20,000/-. A further sum of Rs. 5,000/- has been awarded under other different heads. In my opinion the tribunal has awarded a justified amount of compensation and the same does not require any intereference. 11. However, the approach adopted by the tribunal in depositing a sum of Rs. 5,00,000/- out of the total amount of Rs. 5,25,000/- in some Nationalized Bank or Post Office for a period of 25 years in the joint names of Smt. Raisha and her son Master Ayan Ali, appears to be impracticable. The purpose of granting the relief to the claimants would be frustrated if the amount is deposited in fixed deposit for such a long period. I, therefore, direct that this direction issued by the tribunal is liable to be set aside and instead depositing a sum of Rs. 5,00,000/- in fixed deposit, I direct that an amount of Rs. 4,00,000/- should be deposited in fixed deposit in the name of Master Ayan Ali, with some Nationalized Bank for the period till he attains the majority and rest of the amount should be paid to the widow of the deceased Smt. Raisha, after deducing the amount awarded by the tribunal in favour of Smt. Rahisha Begum, mother of the deceased. The interest indicated in the impugned judgment and award shall remain intact. 12. For the aforesaid reasons the appeal is liable to be partly allowed. 13. The appeal is partly allowed. The claimants/appellants are entitled to get a sum of Rs. 5,25,000/- alongwith the interest indicated in the impugned award by the tribunal from New India Assurance Company. The interest indicated in the impugned judgment and award shall remain intact. 12. For the aforesaid reasons the appeal is liable to be partly allowed. 13. The appeal is partly allowed. The claimants/appellants are entitled to get a sum of Rs. 5,25,000/- alongwith the interest indicated in the impugned award by the tribunal from New India Assurance Company. However, the direction issued by the tribunal pertaining to appointment of the awarded amount, is modified upto the extent that instead of depositing a sum of Rs. 5,00,000/- in fixed deposit in some Nationalized Bank or Post Office for a period of 25 years, I direct that an amount of Rs. 4,00,000/- should be deposited in fixed deposit in the name of Master Ayan Ali, with some Nationalized Bank for the period till he attains the age of majority and rest of the amount should be paid to the widow of the deceased Smt. Raisha, after deducing the amount awarded by the tribunal in favour of Smt. Rahisha Begum mother of the deceased.