GULABKALI Vs. HANSRAJ BHAI PATEL

JUDGEMENT

(1.) THIS is claimant's appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short "the Act") for enhancement of the compensation awarded by the 2nd Additional Motor Accident Claims Tribunal, Ambikapur (for short 'the Tribunal') vide award dated 07.05.1999 passed in Motor Accident Claim Case No. 43/93.

(2.) THE claimants, unfortunate widow and minor children of deceased Mohanlal Patel claimed compensation of Rs. 13,10,000/- by filing a claim petition under Section 166 of the Act for his death in the motor accident on 24.08.1990, when his motorcycle was dashed by the offending vehicle truck bearing registration number MBL-7172 resulting in his instantaneous death on the spot itself. THE claimants further pleaded that deceased Mohanlal Patel used to earn Rs. 2,000/- per month from South Eastern Coalfields Limited (for short 'SECL') and also used to get Rs. 1,000/- per month on account of over time. THE owner, driver and insurer of the offending vehicle truck did not contest the claim and were proceeded ex-parte before the Tribunal. THE insurer of the truck denied its liability to pay compensation to the claimants on the plea that the driver of the truck was not holding a valid driving licence and the truck was being plied in breach of the policy conditions. THE claimants examined AW-1 Gulabkali, AW-2 Surendra Lal Jaiswal and AW-3 Ashok Kumar Agarwal in support of their claim, whereas, the insurer of the offending vehicle did not examine any witness in rebuttal. THE Tribunal on a close scrutiny of the evidence led before it held that deceased Mohanlal Patel died on account of the injuries sustained by him in the motor accident on 24.08.1990; the accident occurred due to the rash and negligent driving of the driver of the offending vehicle truck; and as the offending vehicle truck was insured on the date of the accident with Respondent No. 3. National Insurance Company Limited the Insurance company was liable to pay compensation to the claimants.

(3.) SHRI V.K. Pandey learned Counsel for the Appellants submitted that the Tribunal has erred in not computing the compensation payable to the claimants by assessing the income of the deceased and the claimants dependency and by multiplying the dependency with the appropriate multiplier and in awarding a lump-sum compensation of Rs. 60,000/- only on the ground that the widow of deceased Mohanlal Patel was given compassionate appointment by the employer of the deceased. SHRI P. Diwakar, learned senior counsel for Respondent No. 3 Insurance Company on the other hand supported the award and submitted that the compensation of Rs. 60,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case.