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2010 DIGILAW 371 (RAJ)

National Insurance Co. Ltd. v. Lalloo Ram

2010-02-16

J.R.MIDHA

body2010
Hon'ble MIDHA, J.—The appellant has challenged the award of the learned Tribunal whereby compensation of Rs.1,86,980/- has been awarded to claimants/respondents No.1 and 2. Claimants/respondents No.1 and 2 have filed cross-objections seeking enhancement of the award amount. 2. The accident dated 25th October, 2003 resulted in the death of Manoj Kumar. The deceased was survived by his parents who filed the claim petition before the learned Tribunal. 3. The deceased was aged 22 years at the time of the accident and was unmarried. It was claimed that the deceased was employed with M/s S & A Overseas drawing a salary of Rs.2,800/- per month apart from earning Rs.15,000/- per month from tuitions. The learned Tribunal took the income of the deceased as Rs.2,785/- per month and 15% was added towards future prospects. The income for computation of compensation was taken as Rs.4,178/- per month. 1/3rd was deducted towards personal expenses of the deceased and the multiplier of 5 was applied to compute the loss of dependency of Rs.1,66,980/-. Rs.20,000/- is awarded towards loss of love and affection and funeral expenses. The total compensation awarded is Rs.1,86,980/-. 4. The learned counsel for the appellants has urged at the time of hearing of this appeal that the driver of the offending vehicle was holding a driving licence to drive LMV/MGV/HGV but was not holding any driving licence to drive a scooter. The offending vehicle in the present case is a scooter. The learned counsel submits that the recovery rights be granted to the appellant to recover the award amount from the driver and owner of the offending vehicle. 5. The learned counsel for claimants/respondents No.1 and 2 seek enhancement of the award amount on the ground that the compensation be awarded for loss of estate. 6. With respect to the driving licence, the appellant examined R3W1 who deposed that the driving licence of the driver was valid only to drive LMV/MGV/HGV but the licence was not valid to drive the scooter. R3W1 proved the investigation report – Ex.R3W1/7. No evidence was led in rebuttal by the driver/owner of the offending vehicle. 6. With respect to the driving licence, the appellant examined R3W1 who deposed that the driving licence of the driver was valid only to drive LMV/MGV/HGV but the licence was not valid to drive the scooter. R3W1 proved the investigation report – Ex.R3W1/7. No evidence was led in rebuttal by the driver/owner of the offending vehicle. In view of the evidence led by the appellant, it is held that the driver of the offending vehicle was not holding valid driving licence to driver the scooter at the time of the accident and, therefore, the appellant is entitled to recovery rights against the driver and owner of the offending vehicle. 7. With respect to the cross-objections filed by claimants/ respondents No.1 and 2, it is noted that the learned Tribunal has not awarded any compensation towards loss of estate. Rs.13,020/- is awarded towards loss of estate. The claimants are entitled to total compensation of Rs.2,00,000/- (Rs.1,86,980 + Rs.13,120). 8. The appeal as well as cross-objections are partially allowed. The award amount is enhanced from Rs.1,86,980/- to Rs.2,00,000/- along with interest thereon @ 7.5% per annum from the date of filing of petition till realization. After payment of the entire award amount along with interest by the appellant to claimants/respondents No.1 and 2, the appellant shall be entitled to recover the same from respondents No.3 and 4. 9. The enhanced award amount along with up to date interest be deposited by the appellant with the Claims Tribunal within 30 days. Upon the enhanced award amount along with interest being deposited, the Claims Tribunal is directed to release the same to claimants/respondents No.1 and 2 without any requirement of fixed deposit. The Claims Tribunal is also directed to release the fixed deposit with respect to the 50% of the award amount lying deposited with it in terms of the order dated 13th May, 2009 of this Court. 10. Copy of this order be given ‘Dasti’ to learned counsel for the parties under the signature of Court Master.