NEW INDIA ASSURANCE COMPANY LIMITED Vs. VIBHUTI

JUDGEMENT

(1.) THESE two appeals and the accompanying cross-objections arise out of the judgment and award made by the m. A. C. T. , Ranebennur, whereby M. V. C. Nos. 294 and 295 of 1995 have been allowed in part and total amount of Rs. 5,98,520 with interest at the rate of 6 per cent per annum awarded as compensation in the m. V. C. No. 294 of 1995 and a sum of rs. 25,000 with interest at 6 per cent per annum granted in M. V. C. No. 295 of 1995. While the insurance company has assailed the awards in M. F. A. Nos. 3239 and 3240 of 1998, the respondents-claimants have in M. F. A. No. 3239 of 1998 filed crossobjections praying for a suitable enhancement of the compensation awarded in their favour.

(2.) ON 7. 1. 1992, the deceased Milind padhye accompanied by his wife and two minor daughters was travelling in an Ambassador car bearing registration No. MH 10-A 18 from Miraj to Bangalore. The car in question was registered as a taxi and was owned by the respondent Dutta Distributor Pvt. Ltd. It was being driven by milind Goswamy, one of the Directors of the said company. When the car reached a place near Motebennur at 7. 30 p. m. , it dashed against a roadside tree resulting in grievous injuries to two of its occupants, namely, Milind Padhye and his minor daughter Nitanta. The injured were shifted to Haveri General Hospital from where they were transferred to C. G. Hospital, davanagere, where both of them succumbed to the injuries. M. V. C. No. 294 of 1995 was in due course filed by the widow of the deceased Milind Padhye, his surviving daughter and the parents of the deceased for payment of compensation on account of his death. In M. V. C. No. 295 of 1995 filed by the widow of the deceased compensation was separately claimed in connection with the death of Nitanta, minor daughter of the claimant. The case of the claimants in both the petitions was that the accident in question had occurred entirely due to rash and negligent driving of the car by Milind Goswamy which entitled the claimants to payment of compensation. The claims were opposed by the respondents on several grounds. While owner of the car involved in the accident admitted the occurrence of the accident, it denied the allegation that the same had taken place on account of the rash and negligent driving of the driver of the vehicle. The objections alleged that the accident had occurred on account of the bursting of one of the tyres which inevitably resulted in the vehicle striking against a roadside tree. The insurance company on the other hand, admitted the existence of an insurance policy but asserted that the driver of the vehicle did not have a proper driving licence. It was alleged that Milind Goswamy, was not authorised to drive a passenger vehicle and inasmuch as a person not duly qualified to drive the vehicle was on the wheel at the time of the accident, the policy conditions had been violated and the company is absolved of the obligation to pay any compensation. It was also alleged that the deceased were travelling as gratuitous passengers in the car qua whom the company was not liable under the policy.

(3.) THE Tribunal framed three issues in each one of the two claim petitions on the above pleadings and clubbed the two cases for a common trial and disposal. By the judgment impugned in these appeals, the tribunal has answered the said issues in the affirmative. It has come to the conclusion that the accident in question had indeed taken place on account of the rash and negligent driving of the car by Milind goswamy entitling the claimants to the payment of a suitable amount of compensation. On the question of quantum of compensation, the Tribunal has determined the loss of dependency by taking the gross income of the deceased at Rs. 4,708 per month and deducting '/3rd of the said amount towards his personal expenses. It has taken the contribution of the deceased towards the family at Rs. 3,139 per month or Rs. 37,668 per annum and quantified the loss of dependency by applying a multiplier of 15 taking the age of the deceased to be 28 years on the date of the accident. The compensation amount determined on account of loss of dependency has come to Rs. 37,668 x 15 = Rs. 5,65,020. To that amount, the Tribunal has added a sum of rs. 20,000 towards loss of consortium to the widow and a sum of Rs. 10,000 for loss to the estate. In addition, the Tribunal has awarded a sum of Rs. 2,000 for funeral expenses. A further sum of Rs. 1,500 has been awarded towards transportation of the body taking the total to Rs. 5,98,520 made recoverable from the insurance company with interest at the rate of 6 per cent per annum from the date of the claim petition till payment. In the connected M. V. C. No. 295 of 1995 arising out of the death of the minor daughter of the claimant, in the said petition, the Tribunal has awarded a sum of Rs. 25,000 towards general damages and made the same payable with interest at the rate of 6 per cent per annum.