ORIENTAL INSURANCE COMPANY Vs. DALBIR KAUR

JUDGEMENT

(1.) The disposal of this appeal would also govern the disposal of MA No. 292/2003 (Smt. Dalbir Kaur & others Vs. Pradeep Sarkar & another) as both have arisen out of one accident and common award dated 26/10/2002 passed by the Motor Accident Claims Tribunal, Durg (for short 'Claims Tribunal') in Claim Case No. 10/2001. Since common question of fact & law are involved, therefore, they were heard together and being decided by this common judgment. Appellant/Insurance Company filed the appeal challenging the liability, whereas, claimants have filed their appeal seeking enhancement.

(2.) Learned Claims Tribunal by its impugned award held that the respondent No. 1-driver of the offending vehicle, owned by respondent No. 2 and insured with appellant-Insurance Company, while driving the offending vehicle, rashly and negligently, caused the accident, by which, Shri Sulkhan Singh suffered injuries and died. It was further held that there was no breach of insurance policy, while plying the offending vehicle; therefore, the Insurance Company is liable to make payment of compensation, it has further been held by the learned Claims Tribunal that deceased was earning Rs. 7,465 per month and thereby yearly income comes to Rs. 89,580 and after deducting 1/3rd towards his personal and living expenses, determined the dependency of Rs. 4,977 per month and thereby yearly dependency comes to Rs. 59,724, and by applying the multiplier of 8, compensation would be Rs. 4,77,792. In addition, Rs. 5,000 towards loss of estate, Rs. 5,000 towards loss of love & affection and Rs. 2,000 towards funeral expenses were also awarded. Thus, claimants were held entitled for Rs. 4,89,792 as compensation.

(3.) Mr. Sudhir Agrawal, learned counsel for the appellant/Insurance Company in M.A. No. 16/2003 submits that the learned Claims Tribunal has fallen into legal error in fastening the liability of the Insurance Company as deceased himself was negligent in driving the vehicle and therefore, liability could not have been fastening upon him.