United India Insurance Co. Ltd & Others vs Anita Devi & Others

,,

Lok Pal Singh, J",,

Both these appeals, under section 173 of Motor Vehicle Act 1988, is preferred against the judgment and award dated 26.06.2013 passed by the",,

Motor Accident Claim Tribunal/ District Judge, Pauri Garhwal in MAC Case No. 37 of 2009, allowing the claim petition of the claimants to the tune of",,

Rs. 11,09,500/- along with 4% interest from the date of the institution of the claim petition till its final payment.",,

Facts, leading to filing of the present appeals, are that Suraj Pal Singh (deceased) on 06.11.2008 was traveling in Jeep No. UP06-5404 from village",,

Ramni to Kotdwar. Driver of the jeep was driving the vehicle rashly and negligently, at about 10:00 a.m, at the place of incident, lost its control due to",,

which vehicle fell in deep gorge, as a result Suraj Pal Singh sustained serious injuries, he was taken to Government Hospital Kotdwar, having",,

considered the seriousness of injuries he was referred to Doon Hospital, Dehradun where he remained admit w.e.f. 06.11.2008 to 08.11.2008, as he",,

had fracture in his spinal cord he was referred to Mahant Indresh Hospital, Dehradun. Despite, long treatment he died on 09.01.2009. It is alleged that",,

deceased was aged about 44 years, was posted as Beldar in Uttarakhand Jal Sansthan and was getting Rs. 9,306/- per month salary. The claimants on",,

account of death of Suraj Pal Singh filed claim petition before the Tribunal.,,

Owner and driver of the vehicle filed their written statements denying the averments of the claim petition, however, admitted the accident. It is",,

stated that the vehicle was not being driven rashly and negligently rather it was driven cautiously by its driver; the driver was having valid driving,,

license and papers of the vehicle were valid on the date of the incident.,,

The appellant-Insurance Company filed its written statement denying the averments of the claim petition. It is stated that claimants have not filed,,

copy of the FIR, medical injury report, post mortem report etc.,; the vehicle was plied against the terms and conditions of the policy, permit and",,

registration; deceased was the gratuitous passenger and claim petition has been filed by collusion.,,

On the pleadings of the parties, the Tribunal framed the following issues:-",,

Whether on 06.11.2008 at about 10:00 a.m., at Ramni Pulinda Kotdwar Road, Jeep no. UP06-5404 was being driven by its driver rashly",,

and negligently due to which accident took place as a result Suraj Pal Singh who was traveling in the said vehicle sustained serious injuries,,

and succumbed to the injuries?,,

Whether on the date of incident all the papers of the vehicle and driving license were effective and valid?,,

Whether the offending vehicle was plied in violation of terms and conditions of policy?,,

Whether claimants are entitled for any relief, if yes then how much and from which party?",,

In support of their case, claimants adduced oral evidence of P.W. 1 Ankit Shah and P.W.2 Shahnawaz Khan, Record Officer, Mahant Indresh",,

Hospital, examined R. S. Martoliya as P.W.3 and adduced oral evidence of P.W.4 Mohd. Haneef. In documentary evidence, claimants adduced copy",,

of FIR, injury report, discharge summary, death certificate and medical prescriptions.",,

The owner of the vehicle filed his affidavit of examination in chief as D.W.1. The Insurance Company has adduced inquiry report and Form no. 54,,

issued by RTO Department. However, no oral evidence has been adduced by the Insurance Company.",,

The learned Tribunal after having considered the entire material available on record and hearing learned counsel for the parties allowed the claim,,

petition for a sum of Rs. 11,09,500/- as compensation against the Insurance Company.",,

Feeling aggrieved by impugned judgment and award appellant-Insurance Company has preferred AO No. 345 of 2013. AO No. 462 of 2013 has,,

been preferred by claimants for enhancement of the compensation.,,

Heard learned counsel for the parties and perused the record.,,

As far as factum of the accident is concerned, the Tribunal has considered this aspect while deciding issue no. 1 in the impugned judgment and",,

award. It is evident from the record that deceased Suraj Pal Singh was going to village Ramni to Kotdwar in Jeep No. UP06-5404; and at about 10:00,,

a.m., jeep met with an accident. Suraj Pal Singh succumbed to the injuries sustained by him in the accident. Neither factum of accident denied nor any",,

evidence led by the respondents in support of their contentions. Claimants established their case that accident occurred due to rash and negligent,,

driving of the driver of the Jeep. The findings recorded by the Tribunal on issue no. 1 are based on the evidence, requires no interference, same are",,

being affirmed.,,

The Tribunal has recorded combined findings on issue nos. 2 and 3 and has held that driving license, registration number and permit were valid,",,

vehicle was insured with the United India Insurance Co. Ltd., and was not plied in violation of any of the terms and conditions of the policy. The",,

findings recorded by the Tribunal on these issues would reveal that the Tribunal has considered the registration certificate, permit, tax receipts, driving",,

license of the driver, and, also considered that no evidence has been adduced by the Insurance Company to prove the fact that papers and driving",,

license were not valid. The findings recorded by the Tribunal are based upon the proper appraisal of the evidence on record and I find no illegality or,,

perversity in the findings recorded by the Tribunal on issue nos. 2 and 3. The same is hereby affirmed.,,

Having considered the evidence that deceased was earning Rs. 6,532/- per month as Beldar, after deducting 1/5 towards personal living expenses",,

of the deceased, having considered dependents five in numbers, the Tribunal has awarded compensation to the tune of Rs. 11,09,500/- along with 4%",,

interest under the following heads:-,,

Income of the deceased Rs. 6,532/- Per month;",,

One fifth has been deducted towards personal living expenses;,,

Dependency Rs. 62,700/- per annum;",,

30% an addition towards salary of the deceased;,,

Loss of future income Rs. 81500/- per annum;,,

Sl. No.,Head,Compensation awarded

1,Total Income,"Rs. 10,59,500/- (81,500x13)

2.,Funeral expenses,"Rs.15,000/-

3.,Loss of estate,"Rs. 15,000/-

4.,Loss of consortium,Rs. 40000

5.,Medical expenses,"Rs. 35,000/-

6.,Total,"Rs. 11,64,500