ICICI LOMBARD GENERAL INSURANCE CO. LTD. Vs. MANKUNWAR

JUDGEMENT

(1.) This is an appeal preferred by the Insurer of the vehicle bearing Registration No. CG-15/A 9150, which got involved in a road traffic accident causing death of a person which led to the claim petition before the 3 rd Motor Accident Claims Tribunal, Ambikapur (for short 'the Tribunal') wherein liability to an accident of Rs. 23,11,475/- with interest as specified, has been mulcted upon the shoulders of the Appellant/Insurer.

(2.) Heard Shri P. Acharya, the learned counsel appearing on behalf of the Appellant as well as Shri Rakesh Pandey, the learned counsel appearing on behalf of the Respondent/Claimants. Despite completion of service of notice, neither the 6th Respondent-Driver nor the 7 th Respondent-Owner of the offending vehicle has turned up.

(3.) The sequence of events is as follows: On the ill-fated day, i.e. on 31.10.2010, the deceased by name Iliyas was proceeding on a motor- cycle alongwith his sister-in-law and his nephew. While so, when they reached the place of occurrence, the offending vehicle owned by the 7 th Respondent, driven by the 6th Respondent and insured by the Appellant, knocked them down causing fatal injuries leading to death of the deceased. This was sought to be compensated by filing a claim petition before the Tribunal by the widow, three minor children and father of the deceased. The claim was contested by the Respondents mainly on the quantum and negligence. The Appellant-Insurer contended that the accident was solely because of negligence on the part of the deceased rider of the motor-cycle. The Appellant also contended that at the relevant time, the 6 th Respondent- Driver of the offending truck was not having valid and effective driving licence and hence, there was violation of the statutory/policy conditions. On conclusion of the trial, the Tribunal, based on the materials brought on record, arrived at a finding that the accident was solely because of the negligence on the part of the driver of the offending truck. With regard to the quantum of compensation payable, the Tribunal found that the deceased was an employee of the South Eastern Coalfields Ltd. with a monthly income of Rs.16,577/-. Based on the age of the deceased, the multiplier was fixed as 17 and after deducting 1/3 rd towards the personal expenses, the compensation for loss of income was fixed as Rs. 22,54,475/-. Awarding such other amounts under permissible heads, the total compensation was fixed as Rs.23,11,475/-. Based on the finding rendered by the Tribunal that the Appellant-Insurer had not succeeded in establishing any breach of the policy conditions, the compensation was directed to be satisfied with interest at the rate of '6%' per annum from the date of petition till satisfaction, if deposited within two months, or else to pay interest at the rate of '9%' per annum, which forms the subject matter of challenge in this appeal.