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2020 DIGILAW 14 (UTT)

COMMANDANT SPECIAL POLICE UTTARAKHAND v. HAMIDAN

2020-01-03

SUDHANSHU DHULIA

body2020
JUDGMENT Hon'ble Sudhanshu Dhulia, J. (Oral) This is an appeal filed by the appellant against the award dated 30.04.2012 passed by the Motor Accident Claims Tribunal, Dehradun in MACP No. 64 of 2003, whereby a compensation of Rs. 5,00,000/- (Rupees Five Lakh only) has been awarded to the claimants and the appellant has been directed to pay fifty per cent of the amount to the claimants. 2. Brief facts of the case are that on 09.10.2001 Irfan Ali (deceased) was going to Nehrugram from Reethamandi on his motorcycle, bearing registration no.UP07L-7899. When Irfan Ali reached Mandakini Hotel on Haridwar Road, a truck bearing registration no. UP07-4575 which was being driven rashly and negligently by its driver hit the motorcycle of Irfan Ali from the opposite side and thereafter another P.A.C. Truck bearing registration no. URU-5474 also hit the motorcycle of Irfan Ali from behind. As are sult of this accident, the deceased sustained grievous injuries and ultimately died. 3. A claim petition was filed by the claimants claiming the compensation on account of death of Irfan Ali in the motor accident. It was stated in the claim petition that the deceased was a healthy person and used to earn Rs.8,000/- (Rupees Eight Thousand only) per month. Due to sudden death of Irfan Ali, they have suffered mental, physical and monetary loss. 4. Written statements were filed by the owner and the driver of the PAC Truck bearing registration no. URU-5474 denying the averments made in the claim petition. Since the owner and driver of truck bearing registration no. UP07L-7899 did not appear before the Tribunal, the case proceeded ex parte against them. 5. On the basis of the pleadings of the rival parties, the Motor Accident Claims Tribunal framed the following issues:- “1. Whether on 09.10.2001 at about 02:45 P.M. near Mandakini Hotel, Haridwar Road, Dehradun, when Irfan Ali was going to his shop on his motorcycle bearing registration no. UP07L-7899, the accident occurred due to rash and negligent driving by the drivers of trucks bearing registration no. UP07-4575 and URU-5474, as a result of which Irfan Ali sustained grievous injuries and he ultimately died during treatment at PGI, Chandigarh? 2. To what extent the claimants are entitled for compensation and from which of the parties?" 6. No other issue was framed. 7. While deciding the issue no. UP07-4575 and URU-5474, as a result of which Irfan Ali sustained grievous injuries and he ultimately died during treatment at PGI, Chandigarh? 2. To what extent the claimants are entitled for compensation and from which of the parties?" 6. No other issue was framed. 7. While deciding the issue no. 1, the learned Tribunal recorded a finding that the accident occurred due to rash and negligent driving of the drivers of Truck bearing registration Nos. UP07-4575 and URU-5474. 8. As regarding the amount of compensation, the Tribunal determined the monthly notional income of the deceased as Rs. 3,000/- (Rupees Three Thousand only) i.e. Rs.36,000/- (Rupees Thirty Six Thousand only) per annum. Out of this amount, one-fourth was deducted towards personal expenses and the annual dependency income was calculated as Rs.27,000/- (Rupees Twenty Seven Thousand only). Thereafter the Tribunal keeping in view the age of the deceased as 30 years, applied the multiplier of 17 and calculated the amount as Rs.4,59,000/- (Rupees Four Lakh Fifty Nine Thousand only). Apart from this, the Tribunal also awarded a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards medical expenses, Rs.10,000/- (Rupees Ten Thousand only) towards loss of love and affection and Rs.5,000/- (Rupees Five Thousand only) towards funeral expenses. Thereafter the Tribunal rounded off the amount and awarded a sum of Rs.5,00,000/- (Rupees Five Lakh only) as compensation. 9. Aggrieved, the owner of Truck bearing registration no. URU-5474 i.e. Provincial Armed Constabulary has filed the present appeal only challenging the apportionment. 10. Considering the manner in which the accident had occurred and there is a categorical finding of the Tribunal that the accident occurred due to rash and negligent driving by the drivers of both the trucks involved in the accident, this Court is of a considered view that the learned Tribunal has rightly come to the conclusion that it is a case of composite negligence of the two truck drivers and has consequently split the liability into half of the amount of the compensation by the owners of both the trucks involved in the accident, meaning thereby that each of the owners of the two trucks shall be individually liable to pay 50% of the amount of the compensation. 11. This Court finds no ground for interference in the matter. Consequently the appeal fails and it is hereby dismissed. 12. 11. This Court finds no ground for interference in the matter. Consequently the appeal fails and it is hereby dismissed. 12. This Court has been informed that as far as the owner of truck bearing registration no. UP07L-4575 is concerned, the fifty per cent amount has already been paid to the claimants. Learned counsel for the appellant submits that the appellant has also deposited the fifty per cent of the amount before the concerned Tribunal. 13. Let the entire amount as deposited by the owners of the offending vehicles be released in favour of the claimants within three weeks from the date of production of a certified copy of this order. The statutory amount of Rs.25,000/- (Rupees Twenty Five Thousand only) deposited by the appellant be also remitted to the concerned Tribunal. 14. Let a copy of this judgment along with the lower court record be sent to the concerned Tribunal for onward compliance.