Shriram General Insurance Co. Ltd vs Rajive Negi & Others

Sudhanshu Dhulia, J

This is an appeal filed by the Insurance Company against the award dated 17.10.2014 passed by the Motor Accident Claims Tribunal, Kotdwar in M.A.C.P. No. 64 of 2010, whereby a compensation of Rs. 1,95,000/- (Rupees One Lakh Ninety Five Thousand only) has been awarded to the claimants.

Brief facts of the case are that on 30.04.2010, the son of the claimants, namely, Manas was going with his family on way to Dehradun from Kotdwar in a Maruti Swift Car, bearing registration no. UK-12B-3821, which was being driven by Sri Bharat Singh Negi. When at about 01:30 PM, they had reached near Satyanarayan Mandir at Haridwar-Raiwala-Rishikesh Motor Road, a truck bearing registration no. UP-11T-1864 which was coming from the opposite direction and was being driven rashly and negligently by its driver dashed on to the Maruti Car. As a result of this accident, Manas sustained grievous injuries and he died on the spot.

On account of the death of son of the claimants in a motor accident, a claim petition was filed by them before the Motor Accident Claims Tribunal claiming a compensation of Rs. 11,40,000/- (Rupees Eleven Lakh Forty Thousand only). It was stated in the claim petition that the deceased was a four year old boy. He was a meritorious child and would have got a decent job.

Written statements were filed by the insurance company with which the Truck in question was insured, the owner of the truck, the insurance company with which the Maruti car was insured and the owner of the Maruti car.

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

"1. Whether on 30.04.2010 at about 1:30 P.M. ahead of Satyanarayan Mandir at Haridwar-Raiwala-Rishikesh Motor Road, the driver of truck no. UP-11T-1864 by driving the truck rashly and negligently which dashed on to the Maruti Car No. UK-12B-3821 and caused an accident, in which Manas, who was travelling with Rajeev Negi and Smt. Neeta Negi sustained grievous injuries as a result of which he died on the spot?

Whether the accident occurred due to rash and negligent driving by the driver of Maruti Car No. UK-12B-3821?

Whether on the date of accident all the papers along with driving licence of the vehicles in questions i.e. UP-11T-1864 and Maruti Car No. UK-12B-3821 were valid and the vehicles were being driven against the terms of the insurance policy?"

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

While deciding issue nos. 1 and 2, the learned Tribunal recorded a finding that the accident in question occurred due to rash and negligent driving by the driver of Truck No. UP-11T-1864 and there was no fault on the part of the driver of Maruti car. This finding of the Tribunal is based on the evidence available before it in the form of claimant no. 1 who has been examined as PW 1 and has said in his examination-in-chief that on 30.04.2010 he was going along with his family in Maruti Swift Car No. UK-12B-3821 from Kotdwar to Dehradun. At about 1:00 P.M. when he reached near Satyanarayan Mandir at Haridwar-Raiwala-Rishikesh Motor Road, the truck came from the wrong side and collided with the Maruti Car. This witness was cross-examined but nothing worthwhile has come out which may make his statement unbelievable.

While deciding issue no. 3, the learned Tribunal came to the conclusion that the vehicles involved in the accident were being driven by persons having valid driving licence and all the papers relating to vehicles were valid.

As regarding quantum, the learned Tribunal recorded a finding that the deceased was a child aged four years and there is no proof of his income. Consequently, the learned Tribunal awarded a lumpsum amount of Rs. 1,75,000/- (Rupees One Lakh Seventy Five Thousand only) towards compensation. Apart from this, the Tribunal also awarded a compensation of Rs. 10,000/- (Rupees Ten Thousand only) towards loss of estate and Rs. 10,000/-(Rupees Ten Thousand only) towards funeral expenses. Thus a total compensation of Rs. 1,95,000/- (Rupees One Lakh Ninety Five Thousand only) has been awarded to the claimants.

Aggrieved, the insurance company has filed the present appeal.

The appeal is not against any other aspect except the quantum of compensation. Although learned counsel for the appellant submits that there was also a contributory negligence on the part of the claimants but he is only pressing the appeal as to the aspect of quantum of compensation alone.

Perused the award passed by the learned Motor Accident Claims Tribunal. The Tribunal has considered each and every aspect of the matter. This Court finds no anomaly in the award passed by the learned Tribunal, which may call for any interference by this Court.

Consequently, appeal is dismissed. Let the entire amount along with the interest of 9 % per annum from the date of filing of the claim petition be deposited by the appellant with the concerned Tribunal after adjusting the amount already deposited. After the entire amount is deposited by the appellant, 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.