SANTHA Vs. MANOJ P K S/O KANNAN

JUDGEMENT

(1.) Appeals are filed by the claimants before the Tribunal as also owner of the vehicle involved in the accident. The owner of the vehicle has filed an appeal against the finding of the Tribunal that the driver had no license at the time of accident. Both the appeals were heard together.

(2.) There are many factors arising in the owner's appeal, which would require appropriate evidence to be adduced. In such circumstances, there has to be a remand in the said matter is the contention raised by the learned counsel appearing for the owner. However, before considering the said matter, the appeal of the claimants can be considered, since it is for enhancement. It is trite that if the Insurance Company claims to be absolved from the indemnification, on the basis of there being no valid license, then under Section 149(4) of the Motor Vehicles Act, the company will have to satisfy the award but effect recovery from the owner.

(3.) The claimants are the wife and two children of the deceased-injured. The Tribunal awarded compensation on the basis of the evidence adduced. However, claimants contend that they should be granted enhancement. First contention is with respect to the the age of the deceased. It is submitted that the age of the deceased was asserted to be 40 in the claim petition itself. The Tribunal had taken the age above 45 and applied the consequential multiplier of 1 It is the contention of the claimants that without any contra evidence the multiplier applied should have been 14, taking the age as between 40 and 45. There is another contention raised that the claimant had produced a salary certificate dated 10.12.2008 indicating that the deceased was working as a mechanic in one Sree Krishna Auto Garage and that he was drawing a monthly salary of Rs. 7,500/-. The Tribunal adopted a monthly salary of only Rs. 4,000/-. The future prospectus was also not taken into consideration. There is also a claim raised for compensation for loss of consortium to the wife and loss of estate to all the claimants.