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 10.10.2014 passed by the Motor Accident Claims Tribunal, Kotdwar in M.A.C.P. No. 66 of 2010, whereby a compensation of Rs.18,21,677/- (Rupees Eighteen Lakh Twenty One Thousand Six Hundred Seventy Seven only) has been awarded to the claimant.

Brief facts of the case are that on 30.04.2010, the injured Rajeev Negi along with his family was 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, the claimant sustained grievous injuries. The claimant was taken to CMI Hospital, Dehradun, where he remained admitted from 30.04.2014 to 25.05.2010.

On account of the injuries sustained by the claimant in a motor accident, a claim petition was filed by him before the Motor Accident Claims Tribunal claiming a compensation of Rs. 38,30,000/- (Rupees Thirty Eight Lakh Thirty Thousand only). It was stated in the claim petition that the claimant has spent a sum of Rs. 23,00,000/- (Rupees Twenty Three Lakh only) on his treatment. The claimant has sustained permanent disability due to injuries sustained by him and he is unable to do the business and agricultural work.

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 Rajeev Negi sustained grievous injuries?

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 claimant is 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 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 1:30 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 awarded an amount of Rs. 4,47,177/-(Rupees Four Lakh Forty Seven Thousand One Hundred Seventy Seven only) towards medical expenses. Thereafter the learned Tribunal on the basis of the income tax return determined the annual income of the claimant as Rs. 1,75,000/- (Rupees One Lakh Seventy Five Thousand only). The Tribunal keeping in view that the claimant has become 50% disable, calculated the annual loss of income of the claimant as Rs. 87,500/- (Rupees Eighty Seven Thousand Five Hundred only) per annum. Thereafter the learned Tribunal applied the multiplier of 11 and calculated the compensation towards loss of future income as Rs. 9,62,500/-(Rupees Nine Lakh Sixty Two Thousand Five Hundred only). Apart from this, keeping in view that the claimant remained admitted in the hospital for 25 days, awarded a lumpsum amount of Rs. 12,000/- (Rupees Twelve Thousand only) towards loss of income.

Apart from the above, the learned Tribunal also awarded a lumpsum amount of Rs. 2,00,000/- (Rupees Two Lakh only) towards pain and suffering, Rs. 1,00,000/- (Rupees One Lakh only) towards loss in future amenities and Rs. 1,00,000/- (Rupees One Lakh only) towards loss in life expectancy. Thus a total compensation of Rs. 18,21,677/-(Rupees Eighteen Lakh Twenty One Thousand Six Hundred Seventy Seven only).

Aggrieved, the insurance company has filed the present appeal.

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

During the arguments, the learned counsels for the parties have also agreed that the compensation given is slightly on the higher side considering the injuries of the injured and loss of finances and the expenses incurred in treatment, etc.

With the consent of both the parties, the compensation amount is reduced from Rs.18,21,677/-(Rupees Eighteen Lakh Twenty One Thousand Six Hundred Seventy Seven only) to Rs.17,00,000/- (Rupees Seventeen Lakh only).

In view thereof, appeal is partly allowed. Let the entire amount as determined above, along with interest of 9 per cent per annum from the date of filing of the claim petition, be deposited by the insurance company with the concerned Tribunal after adjusting the amount already deposited, within a period of three weeks from the date of production of a certified copy of this order. 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 claimant forthwith.