C.S. Basavaraj vs Boramma and Manager, United India Insurance Co. Ltd.

N.K. Patil, J.—This appeal by the appellant/owner is directed against the impugned judgment and award dated 25/07/2011 passed in MVC No. 1307/2009, by the Additional Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hassan, (for short Tribunal''), for modification of the same. The Tribunal by its judgment and award has awarded a sum of Rs. 2,95,000/- under different heads with interest at 6% per annum from the date of petition till realization, as against the claim of the claimant for a sum of Rs. 20,00,000/-, on account of the death of the deceased Sri. Chaluvegowda, in the road traffic accident, fastening liability on the appellant, owner of the offending vehicle and dismissing the petition against the R2 Insurer.

In brief, the facts of the case are:

The claimant being the wife of the deceased Sri. Chaluvegowda, has filed a claim petition before the Tribunal u/s 166 of M.V. Act, claiming compensation against the owner and insurer of the offending vehicle, contending that, on 20.11.2008 at about 1.30 p.m., deceased was returning from his agricultural land at Chikkakondagula on the left side of the road, at that time, the driver of the Tata Goods A.C. Vehicle bearing Reg. No. KA.46.0132 came in a rash and negligent manner and dashed against the deceased. Due to which, deceased sustained fatal injuries. Immediately, he was admitted to S.C. Hospital, Hassan, then he was shifted to NIMHANS Bangalore and again, he came to S.C. Hospital and returned to his house and finally, died on 6.12.2008 on the way to the hospital.

It is the further case of the claimant that, deceased was aged about 65 years, hale and healthy prior to the accident, doing agricultural work as he was owning agricultural land and also doing dairy business and earning Rs. 25,000/- per month and contributing the same to the welfare of the family. Due to his untimely death, claimant has put to great loss and hardship, apart from mental shock and agony.

The said claim petition had come up for consideration before the Tribunal. The Tribunal, in turn, after appreciating the oral and documentary evidence and other material available on file, has allowed the said claim petition in part, awarding the compensation of Rs. 2,95,000/- under different heads with interest at 6% p.a., from the date of petition till realization, fixing the liability on the owner of the offending vehicle.

Being aggrieved by the said judgment and award passed by the Tribunal, the appellant/owner has presented this appeal.

The submission of the learned counsel appearing for the appellant is that, the Tribunal has erred in fixing the liability on the owner of the offending vehicle on the sole ground that, driver of the said vehicle did not possess valid DL as on the date of the accident and the same cannot be sustained and is liable to be set aside. Further, he submitted that the quantum of compensation awarded by the Tribunal is on higher side and is liable to be reduced.

As against this, learned counsel for the Insurer, inter-alia, contended and submitted that, the Tribunal after due consideration of the oral and documentary evidence available on file has recorded the finding of fact holding that, the driver of the offending vehicle does not possess valid DL as on the date of the accident to drive the offending vehicle which is a light goods carrying vehicle and in view of the breach of the terms and conditions of the policy, the insurer is not liable to indemnify the award amount. Nor there is any substance in the submission made by the owner of the offending vehicle and therefore, interference by this Court is not called for.

Claim ant was served and unrepresented.

After hearing the learned counsel for both the parties and after careful perusal of the material available on record at threadbare, including the impugned judgment and award passed by the Tribunal, we do not find any error or illegality or material irregularity as such committed by the Tribunal in passing the said judgment. The Tribunal, after due consideration of the oral and documentary evidence available on file, has recorded the finding of fact holding that charge sheet is filed against the driver of the offending vehicle and the driver does not possess valid DL to drive the offending vehicle and this fact has not been disputed by the appellant/owner, after assigning valid reasons in paras-12 to 14 of its judgment. The reasoning given by the Tribunal for fixing the liability on the owner of the offending vehicle and issuing a direction to him to indemnify the award amount is just and proper and it does not call for interference. So far as the quantum of compensation awarded by the Tribunal is concerned, the Tribunal after assessing the income of the deceased at Rs. 5,000/- per month, deducting 1/3rd towards his personal expenses, and by adopting multiplier of 7'' has awarded a sum of Rs. 2,80,000/- towards loss of dependency, and also awarded a sum of Rs. 10,000/- towards loss of consortium and Rs. 5,000/- towards funeral expenses, and in all, Rs. 2,95,000/- with interest at 6% p.a., from the date of petition till its realization. The said compensation awarded by the Tribunal is just and reasonable and in strict compliance of the relevant provisions of the M.V. Act. Therefore, we do not find any error, much less material irregularity in the same. Nor the appellant has made out any good grounds to entertain the relief sought in this appeal. Hence, the appeal filed by the appellant is dismissed as devoid of merits.

The Registry is directed to transfer the amount deposited by the appellant/owner of the offending vehicle to the jurisdictional Tribunal forthwith.

In view of the dismissal of the main matter on merits, the relief sought in IA No. I/2012 does not survive for consideration. Hence, it is disposed off as having become infructuous.