Ganesh Kumar Gangwar vs Janki Devi And Others

Sudhanshu Dhulia, J

This appeal from order is by the owner of the vehicle against the Award dated 24.04.2012 passed by the Motor Accident Claims Tribunal, Rudrapur, District Udham Singh Nagar passed in MACP No. 235 of 2008, whereby the learned Tribunal has awarded a compensation of Rs. 4,34,000/- (Rupees Four Lakh Thirty Four Thousand only). The entire liability to pay the amount of compensation has been fixed on the owner of the vehicle.

Brief facts of the case are that a claim petition was filed by the claimants stating that on 29.02.2008 Anand Ram (deceased) was going from his house to the market at Khatima on his bicycle. When he had reached Khatima Fibre Factory, at Lohia Head Road, a Jeep bearing registration no. UP-25M-9686, which was being driven by its driver rashly and negligently, hit the bicycle of the deceased. As a result of said accident, Anand Ram sustained grievous injuries and died on the spot. It was stated in the claim petition that the deceased was 32 years of age. He was an agricultural labour and was earning a sum of Rs. 4,000/- (Rupees Four Thousand only) per month. The first information report of the accident was lodged on the same day i.e. on 29.02.2008 at P.S. Khatima which was registered as Case Crime No. 363 of 2008 under Section 279/304A of IPC. A compensation of Rs. 5,00,000/- (Rupees Five Lakh only) was claimed by the claimants.

Written statements were filed by the owner of the vehicle and the insurance company. The driver of the vehicle inspite of service of notice did not appear before the learned Tribunal, hence the case proceeded against him ex parte.

On the basis of the pleadings of the rival parties, following issues were framed by the learned Tribunal:

"1. Whether on 29.02.2008 near Fibre Factory, under P.S. Khatima, District Udham Singh Nagar, the accident in question occurred due to rash and negligent driving by the driver of Jeep No. UP-25M-9686, and Anand Ram died due to injuries sustained by him in the said accident?

Whether on the date of accident, the driver of the Jeep was having a valid and effective driving licence, If yes, then its effect?

Whether the claimants are entitled for any compensation? If yes, then to what extent and from which of the parties?"

While deciding issue no. 1, the learned Tribunal recorded a finding that the accident in question happened due to the rash and negligent driving by the driver of the Jeep bearing registration no. UP-25M-9686 and Anand Ram died due to the injuries sustained by him in the said accident. This finding of the Tribunal is based on the evidence available before it in the form of PW 2 Tara Dutt, who is the eye-witness of the incident. This witness has categorically stated in his examination-in-chief that the driver of Jeep No. UP-25M-9686 was driving the Jeep rashly and negligently and he hit the bicycle of Anand Ram from the back, as a result of which he sustained grievous injuries and died on the spot. This witness was put to cross-examination but nothing worthwhile has come out to disbelieve the statement of this witness.

So far as issue no. 2 is concerned, the learned Tribunal recorded a finding that the driver of the offending vehicle was not having a valid driving licence on the date of accident. The driving licence was allegedly issued from Agra office of R.T.O. However, there is a clear cut determination from the Regional Transport Officer, Agra on record which shows that no such licence was ever issued from the Agra office.

As regarding quantum of compensation, the Claims Tribunal determined the notional income of the deceased as Rs. 3,000/- (Rupees Three Thousand only) i.e. Rs. 36,000/- (Rupees Thirty Six Thousand only) per month. 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 learned Tribunal keeping in view the age of the deceased as 35 years applied the multiplier of 16 and calculated the amount as Rs. 4,32,000/- (Rupees Four Lakh Thirty Two Thousand only). Apart from this, the learned Tribunal awarded a sum of Rs. 2,000/- (Rupees Two Thousand only) towards funeral expenses. Thus, a total compensation of Rs. 4,34,000/- (Rupees Four Lakh Thirty Four Thousand only) has been awarded by the Tribunal along with an interest at the rate of seven per cent from the date of filing the claim petition.

Since the liability to pay the entire compensation has been fixed upon the owner of the vehicle, the owner has filed the present appeal challenging the award dated 24.04.2012.

The main ground of challenge is that although the learned Tribunal has come to the conclusion that the driver of the offending vehicle was not having valid driving licence, yet the liability has been fixed upon the owner, which is not correct as per the appellant. The admitted fact is also that the vehicle was insured with the insurance company called Oriental Insurance Company Limited.

The submissions of the learned counsel for the appellant are not accepted as the owner has a vicarious liability under the law, in such cases.

However, under these circumstances, although the liability has been fixed upon the owner and not upon the insurance company, but considering the beneficial legislation which is in favour of the claimants, it is the insurance company which must satisfy the award even though in law it has no liability. Therefore, in order to facilitate the payment of compensation, it is directed that the entire amount shall be deposited by the insurance company before the learned Tribunal and then the insurance company shall have a right to recover the same from the owner of the vehicle.

Appeal stands disposed accordingly.

Let the entire amount along with seven per cent interest per annum from the date of filing of the claim petition be deposited by the insurance company with the concerned Tribunal within a period of 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) be also remitted to the concerned Tribunal. After the amount is deposited by the insurance company, let the same be released in favour of the claimants forthwith as per the determination made by the learned Tribunal. The insurance company thereafter shall have a right to recover the amount of compensation from the owner.

Let a copy of this judgment along with lower court record be sent to the concerned Tribunal for onward compliance.