New India Assurance Company Ltd vs Indu Raturi & Others

Sudhanshu Dhulia, J

This is an appeal filed by the insurance company under Section 173 of the Motor Vehicles Act, 1988, against the award dated 24.11.2014 passed by the Motor Accident Claims Tribunal, Vikasnagar, District Dehradun in M.A.C.P. No. 91 of 2010, whereby a compensation of Rs.2,54,000/- (Rupees Two Lakh Fifty Four Thousand only) has been awarded to the claimants.

Brief facts of the case are that on 03.05.2010 when the deceased Sanjay Kumar Raturi was riding on Hero Honda Splendor motorcycle bearing registration no. U.P.-11M-1993 as a pillion rider, near Selaqui in District Dehradun, the motorcycle met with an accident with a Container bearing registration no. HR-37B-4616, which was coming from the opposite side and was allegedly being driven rashly and negligently by its driver. As a result of this accident, Sanjay Kumar Raturi sustained grievous injuries and died on the spot.

On account of the death of Sanjay Kumar Raturi in the motor accident, a claim petition was filed by the parents of the deceased seeking a compensation of Rs.12,20,000/- (Rupees Twelve Lakh Twenty Thousand only). It was alleged in the claim petition that the deceased was 24 years of age and was working with Polygon Supplier, Dehradun from where he used to get Rs.9,000/- (Rupees Nine Thousand only) per month as salary.

Written statements were filed by the driver, owner of the vehicle as well as by the Insurance Company, with which the vehicle involved in the accident was insured.

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

"1.       Whether on 3.5.2010 at about 9:45 a.m. near Ambar Factory, Selaqui, District Dehradun, the driver of Truck/Container No. HR-37B-4616 was driving the vehicle rashly and negligently which hit the motorcycle Hero Honda Splendor No. UP-11M-1993 due to which the pillion rider on the motorcycle Sanjay Kumar Raturi sustained grievous injuries and died on the spot?

Whether the accident occurred due to own negligence of the deceased and there was no negligence on the part of the driver of the truck/container?

Whether at the time of accident the driver of truck/container no. HR-37B-4616 was not having valid driving licence and route permit?

Whether the claimants are entitled for any compensation, if yes then to what extent and from which of the respondents?

As far as issue nos. 1 and 2 are concerned, the learned Motor Accident Claims Tribunal came to the conclusion that the death of deceased Sanjay Kumar Raturi had caused due to injuries sustained by him in the accident occurred on 03.05.2010, when he was hit by the container bearing registration no. HR-37B-4616, which was being driven by its driver rashly and negligently. This finding of the learned Tribunal was based in the form of PW2 Anand Kumar who is an eyewitness to the accident as he was driving the motorcycle on which the deceased Sanjay Kumar Raturi was sitting as a pillion rider. As regarding the contributory negligence on the part of the deceased, the learned Tribunal came to the conclusion that there was no negligence on the part of the deceased.

While deciding issue no. 3, the learned Tribunal came to the conclusion that though the driver of the vehicle was having a valid licence, but he was not having the permit to drive such a transport vehicle within the territory of Uttarakhand.

While calculating the amount of compensation, since the claimants have not been able to give any valid proof regarding the income of the deceased, the learned Tribunal determined the notional income of the deceased as Rs.3,000/- (Rupees Three Thousand only) per month, which comes to Rs.36,000/- (Rupees Thirty Six Thousand only) per annum. Out of this amount, one-half was deducted towards personal expenses and total annual dependency income was calculated as Rs. 18,000/- (Rupees Eighteen Thousand only) per annum. Thereafter the learned Tribunal applied the multiplier of 13 and calculated the amount as Rs. 2,34,000/- (Rupees Two Lakh Thirty Four Thousand only).

Apart from this, the learned Tribunal also awarded a sum of Rs. 10,000/- (Rupees Ten Thousand only) towards funeral expenses and a sum of Rs. 10,000/- (Rupees Ten Thousand only) towards loss of love and affection. Thus, a total compensation of Rs. 2,54,000/- (Rupees Two Lakh Fifty Four Thousand only) has been awarded by the learned Tribunal as compensation.

Although it has been vigorously argued by the learned counsel for the claimants that the amount so determined by the learned Tribunal is extremely low, but the fact is that presently there is no appeal of the claimants for enhancement of the award. Under these circumstances, so far as compensation is concerned, no interference is liable to be made by this Court.

Aggrieved by the award passed by the learned Tribunal, the insurance company has filed the present appeal on ground that though the learned Tribunal has categorically recorded a finding that the vehicle in question was not having the permit to ply the vehicle in the territory of Uttarakhand, yet the learned Tribunal has fixed the entire liability to pay the compensation on the insurance company. The finding on this by the learned Tribunal is that under the facts and circumstances of the case, the Insurance Company ought not to have registered the vehicle.

To this extent, however, the Tribunal has fallen into an error as the learned Tribunal should have given the recoverable rights to the Insurance Company from the transport company i.e. the owner of the vehicle under the facts and circumstances of the case.

In view thereof, appeal is partly allowed. It is directed that though the insurance company shall pay the amount of compensation as awarded by the Tribunal to the claimants, but it shall have the rights to recover the same from the owner of the vehicle in question.

Let the entire amount along with the interest as directed by the learned Tribunal be deposited by the insurance company with the concerned Tribunal after adjusting the amount already deposited. After the entire amount is deposited by the insurance company, let the same 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) be also remitted to the concerned Tribunal.

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