The New India Assurance Co. Ltd. vs Smt. Gurmeet Kaur & Others

By means of this appeal, the judgment and order dated 18.8.2015 rendered by the Tribunal/Additional District Judge, Kashipur has been assailed.

The accident occurred on 12.6.2013 at around 1.30 PM when Mr. Sarvjeet Singh, aged about 60 years, was driving the Maruti Car No. UA06-B-8071 from Bajpur to Kashipur. The car was owned by his friend Mr. Rajendra Singh. In the side of Sarvjeet Singh, his another friend PW2 Mr. Paramjeet Singh was sitting. A front coming Xylo Car No. UK07-TA-3435 dashed the Maruti Car with the result Mr. Sarvjeet Singh and Mr. Paramjeet Singh, both became injured and were taken to the local hospital at Kashipur. Since injuries of Sarvjeet Singh were serious, hence, he succumbed to such injures on the same day. His post- mortem was conducted in the Government Hospital, Kashipur.

Maruti Car was insured only for Act Policy after paying the premium of Rs. 1924/-, while Xylo Car, which was being driven by Money Ram, was under the cover of commercial vehicle package policy after paying the premium of Rs. 10,183/- for third party and Rs. 13,936/- for own damages (net premium Rs. 24,119/-).

A claim petition no. 260/2013 was instituted by the dependants of the deceased asking the compensation of Rs. 30,00000/-, whereagainst the learned Tribunal has granted Rs. 11,96,879/- along with 7.5 per cent annual interest with effect from the date of filing the petition till the actual payment is made. Such liability was fastened upon the insurance company of the Xylo Car, all the same it was a head-on collision. Driving licence of Sarvjeet Singh was valid w.e.f. 31.10.2011 to 30.10.2016.

Learned Tribunal though had a glance on the map prepared by the Investigation Officer of the police, but expressed the view that such map is more relevant and is to be considered in the criminal trial.

True, but at the same time it may be perceived that both vehicles were being driven a little bit left from the middle of the road, but somehow the accident occurred and such sensitive movement could not be captured for every second''s sequence. However, looking to the map prepared by the Sub Inspector of the Police, I feel that at least 25 per cent contributory negligence should be attributed to the driver of the Maruti Car as well for causing this accident and he was none other but the deceased Sarvjeet Singh himself.

Thus 25 per cent of the compensation amount comes to Rs. 2,99,219/- and on deducting such amount from the award, the net compensation (Rs. 11,96,879- 2,99,219) is calculated as Rs. 8,97,660/-. This amount shall be exigible from the appellant along with 6 per cent simple annual interest, instead of 7.5. per cent, with effect from the date of institution of the claim petition till the actual payment is made.

Appeal stands allowed in above terms. Impugned judgment and order is modified to the extent indicated above.

Registry shall remit the compulsory statutory amount along with the interest accrued thereon to the Tribunal concerned. Insurance company shall deposit the remaining amount within four weeks.

Let the LCR be sent back.