HARBHAJAN KAUR AND ORS. Vs. NASIMUDDIN

JUDGEMENT

(1.) This is an appeal by the claimants seeking enhancement of the award dated 18th September, 2006 passed by the Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 58/2005 whereby as against the claim made for Rs. 14,25,000, an award of Rs. 3,59,044 was passed. Brief facts of the case, as pleaded by the Claimants, are that on 11th July, 2005, their son deceased Raghuvir Singh, had gone to Durg and while coming back on motor-cycle bearing Regn. No. C.G. 04/6068 at about 8.00 p.m., on the way, in front of Durga Mandir at Bhilai-3, the offending Jeep bearing Regn. No. C.G. 04/ZD/2704 driven by Non-Applicant No. 1 Nasimuddin @ Hasimuddin in rash and negligent manner dashed the deceased thereby he sustained grievous injuries and subsequently died. It was case of the claimants that at the time of death, deceased Raghuvir Singh was aged about 23 years and was working as Supervisor at Durga Freight Carrier and was earning Rs. 4,000 per month on which the family was depending. The Driver Nasimuddin and owner Bedram Vinay Suryavanshi remained ex parte before the Court below.

(2.) The claim was contested by the Insurance Company by filing written statement wherein they refuted the claim and it was stated that at the time of accident, the defendant respondent Nasimuddin was not having valid and effective driving licence and the vehicle was being driven in breach of terms of insurance policy.

(3.) The learned Tribunal after evaluating the entire evidence on record arrived at a finding that at the relevant time the offending vehicle was being driven in rash and negligent manner and thereby the accident took place, due to which, the deceased died. It has further recorded a finding that the breach of terms of insurance policy was not proved. In absence of any challenge to such finding that the owner/driver of the vehicle committed breach of terms of policy, they said findings are confirmed-With regard to quantum, the Tribunal has taken the monthly income of deceased as Rs. 4,000 per month and after deducting 1/3rd towards personal expenses, the dependency was fixed as Rs. 2,667 per month. Taking the age of the dependents/claimants, it has applied the multiplier of 11 thereby the total dependency was worked out to Rs. 3,52,000. In addition, it has granted Rs. 5,000 towards loss of love and affection and Rs. 2,000 towards funeral expenses and thus a total compensation of Rs. 3,59,000 was granted.