ORIENTAL INSURANCE CO LTD Vs. LAXMI BAI

JUDGEMENT

(1.) This appeal has been filed by the insurance company against impugned award dated 15.2.2010 passed by the First Additional Motor Accidents Claims Tribunal, Raipur, in Claim Case No. 10 of 2009 so far as the Tribunal has fixed liability on the insurance company. Brief facts of the case as per the version of the claimant are that on 11.9.2008 at about 7.30 a.m. Shyamlal Yadav (deceased) was driving his autorickshaw bearing registration No. CG 04-T 2744 and at that time, respondent No. 3 Harshchind who was rashly and negligently driving the motor cycle bearing registration No. CG 04-CA 8007 owned by respondent No. 4 Raj Engineering Works forcibly dashed the autorickshaw and the said autorickshaw overturned, as a result of which Shyamlal Yadav received grievous injuries and died. The deceased was a healthy man of about 50 years, he was owner and driver of the autorickshaw and was earning Rs. 10,000 by driving the autorickshaw. The claimants being dependants of the deceased filed the claim petition seeking compensation to the tune of Rs. 13,60,000 on different heads.

(2.) The Tribunal assessed the monthly income of the deceased as Rs. 4,500 and the annual income as Rs. 54,000. After deducting 1/3rd, the annual loss of dependency was worked out to Rs. 36,000 and by adopting multiplier 8, the total loss of dependency was worked out to Rs. 2,88,000. Besides this, the Tribunal has also granted Rs. 12,500 under other heads. Thus the Tribunal has awarded a total compensation of Rs. 3,00,500.

(3.) We have perused the lower court record as well as the finding given in the award on the basis of the evidence and the documents available on record. The Tribunal has framed issue No. 3 to the effect that whether the motor cycle was being driven by its driver violating the conditions of the insurance policy and answered the same in the negative. The insurance company has been able to prove that the driver of the motor cycle who was driving the vehicle owned by respondent No. 4 was having only a learner's licence that too authorising him to drive the motor cycle without gear only. The date of birth was mentioned in the learner's licence of the driver, namely, Harshchind as 2.1.1991. The licence was issued on 10.9.2008; therefore, on the date of issuance of learner's licence the driver was aged about 17 years and 8 months, that is, less than 18 years.