DAHANNU BHASKAR Vs. ROOPDHAR

JUDGEMENT

(1.) This is an appeal by the claimants against the award dtd. 3/10/2017 passed by the Motor Accidents Claims Tribunal, South Bastar District Dantewada C.G. in Claim Case No.80 of 2016, whereby the Claims Tribunal has granted compensation of Rs.2,48,000.00 with interest @ 9% per annum in favour of the claimants fastening liability upon the insurance company.

(2.) The brief facts of the case are that the appellant filed a claim for compensation following the death of Joga Bhaskar, who died on 12/8/2016 in a motor vehicle accident. It was contended that on the said date, the deceased was traveling from his residence in Village Gamvada to Village Dhurli and, near the school in Village Gamvada, was struck by a truck bearing registration no. CG-18-H-1549, which was driven in a rash and negligent manner by the driver. As a result, Joga Bhaskar sustained fatal injuries and died on the spot. The appellant asserted that the accident caused not only the loss of his father but also the loss of annual income. It was further submitted that the offending vehicle was driven by respondent no.1, owned by respondent no.2, and insured with respondent no.3, rendering all respondents jointly liable for compensation. The appellant claimed a total sum of Rs.12,70,600.00 under various heads. In response, respondents no.1 and no.2 denied the allegations, maintaining that the driver exercised due caution and that any liability would fall upon the insurance company. Respondent no.3 denied the claim, contending that the driver did not possess a valid driving license, and the vehicle was operated in violation of fitness and permit conditions, breaching the insurance policy terms, thereby seeking exoneration from liability. The learned Claims Tribunal framed issues, examined the evidence, and after due consideration, partially allowed the appellant's claim, prompting the present appeal.

(3.) Learned counsel for the appellants/claimants respectfully submits that the Learned Tribunal has not properly assessed the compensation payable in the present case. It is contended that the income of the deceased has not been correctly computed, and the methodology adopted for assessing the same is neither proper nor in accordance with settled legal principles. In particular, the Tribunal has failed to consider the aspect of future prospects as mandated by the Hon'ble Supreme Court in the case of National Insurance company vs. Pranay Sethi 1. Furthermore, it is submitted that compensation under the conventional heads, including loss of estate, funeral expenses, and loss of consortium, has not been awarded in accordance with the norms laid down by the Hon'ble Apex Court in the aforementioned judgment. The non-consideration or improper quantification under these heads has led to an unjust and inadequate compensation amount. In view of the above, it is most respectfully prayed that the award passed by the Learned Tribunal may kindly be modified and the compensation amount be enhanced appropriately, in accordance with law and the binding precedents laid down by the Hon'ble Supreme Court.