National Insurance Co. Ltd. v. Rehmat Begum & ors.
2012-10-19
MANSOOR AHMAD MIR
body2012
DigiLaw.ai
1. This CIMA is directed against the judgment and award dated 26.05.2009, passed by the Motor Accident Claims Tribunal, Ramban, in a Claim Petition, titled as, Rehmat Bagum & others v. Tariq Saleem & others, whereby an award of Rs.2,74,000/- along with interest @ 7.5% from the date of filing of claim petition till its realization came to be awarded in favour of claimants-respondents 1 to 9 herein (for short, impugned award), on the grounds taken in the appeal. 2. Deceased, namely, Ghulam Mohd Lone, was a Mason by profession and was also an agriculturist. He died in a road accident on 16.06.2007 near Makarkote Morh on the National Highway-1 when he was going from Banihal to Makarkote in the offending vehicle bearing registration number JK02G-5529 (Mini Bus). Claimants, respondents 1 to 9 herein, being the victims of the vehicular accident filed a claim petition before the Motor Accidents Claims Tribunal, Ramban, claiming compensation. As per the averments made in the claim petition, the deceased was earning more than rupees five thousand per month. 3. It is relevant to note that a batch of claim petitions came to be filed before the Motor Accidents Claims Tribunal, Ramban, arising out of the same accident allegedly caused by respondent no.10 herein while driving the offending vehicle rashly and negligently. The learned Tribunal passed separate awards in all such claim petitions. Feeling aggrieved, a batch of appeals came to be filed against those awards. After noticing that all the appeals are the outcome of one and the same accident, the same came to be clubbed and listed today, i.e., 27th December, 2012 at Sr. No.71. 4. In almost all the appeals, the claimants and the appellant-insurer have settled the issue by consent awards, but in the present case since there was no representation on behalf of claimants-respondents 1 to 9, the same was segregated and taken up separately. 5. The dispute in this claim petition is only limited to the adequacy of compensation, therefore, there is no need to discuss and return the findings over other issues. It is contended that the driver of the offending vehicle was not holding valid and effective driving licence at the time of accident. 6. I have gone through the evidence recorded by the Tribunal and the documents on the file.
It is contended that the driver of the offending vehicle was not holding valid and effective driving licence at the time of accident. 6. I have gone through the evidence recorded by the Tribunal and the documents on the file. Appellant-insurer has failed to lead any evidence to prove that driver of the offending vehicle was not holding valid and effective driving licence at the time of accident or had committed any breach in terms of the mandate of Motor Vehicles Act read with any other law applicable. 7. The Tribunal has rightly held that the deceased was 50 years of age and was earning Rs.3000/- per month. Learned Tribunal after making deduction held that the claimants have lost the source of dependency to the tune of Rs.2000/- per month. The Tribunal has rightly applied multiplier 11 while awarding a compensation of Rs.2,64,000/- under the head loss of dependency. The same appears to be legal one and needs no interference. The Tribunal has also rightly awarded Rs.5000/- under the head loss of consortium, Rs.2,500/- under the head loss of estate and Rs.2500/- under the head loss of funeral expenses. Thus, the claimants were held entitled to a total compensation of Rs.2,74,000/- (2,64,000 + 5000 + 2500 + 2500) along with interest at the rate of 7.5% from the date of filing of the claim petition till its final realization. 8. In my view the awarding of interest appears to be at higher side. Therefore, I deem it proper to reduce the rate of interest to 6%. Accordingly, it is held that the claimants are entitled to interest at the rate of 6% on the amount of compensation from the date of filing of the claim petition till its realization. Accordingly, the appeal is allowed and the impugned award is modified, as indicated above. The amount be released in favour of claimants, respondents 1 to 9 herein, after proper verification and identification through account payees cheque strictly as per the conditions as contained in the impugned award. Court fees to be charged first. The excess amount, if any, be released in favour of appellant-insurer through account payees cheque. 9. Send down the record along with a copy of this order. 10. Disposed of along with all connected CMAs.