ORIENTAL INSURANCE CO LTD Vs. RAM ROOP

JUDGEMENT

(1.) Impugned Award of 12th October, 2015 grants compensation of Rs.7,17,300/- with interest @ 9% p.a. to respondents-claimants on death of one- Krishan Kumar , son of Ram Roop, aged 20 years, who had died in a vehicular accident on 16th January, 2008 while he was driving motor cycle of third respondent herein. The factual position of this case stands already noted in the impugned Award and so, needs no reproduction.

(2.) Suffice to note that apart from evidence of Ram Roop, father of deceased (PW-1/A) and eye witness Sunil Kumar (PW-1), there is evidence of Nagendera Paswan (R2W1), from the office of Regional Transport Authority (RTA), who has proved the driving license of deceased. While relying upon the evidence of aforesaid witnesses, learned Motor Accident Claims Tribunal (henceforth referred to as "the Tribunal") has assessed the income of deceased on minimum wages and added 50% towards future prospects and after deducting 1/3rd towards personal expenses and applying multiplier of 18, the loss of dependency has been assessed at Rs.7,12,800/-. Learned Tribunal has also granted Rs.2,000/- towards funeral expenses and Rs.2,500/- towards loss of estate.

(3.) The challenge to the impugned Award by learned counsel for appellant-insurer is on the ground that the deceased was neither the owner nor the driver of vehicle in question and so, insurance company is not liable to compensate respondent-claimants. It is submitted that as per evidence on record, the deceased was merely an employee of third respondent and he had borrowed the vehicle from the owner and so, the liability to pay compensation is of the owner and not of the insurer. To submit so, reliance is placed upon Supreme Court's decisions in Ningamma &Anr. Vs. United India Insurance Co. Ltd., 2009 13 SCC 710 and Sanjeev Kumar Samrat Vs. National Insurance Company Limited &ORs., 2014 14 SCC 243. Learned counsel for appellant-Insurer submits that addition of 50% towards future prospects is unwarranted, as the compensation has been assessed in the instant case in a petition under Section 163A of the Motor Vehicles Act, 1988.