NEW INDIA ASSURANCE CO LTD Vs. BININDER SODHI

JUDGEMENT

(1.) These appeals preferred under section 173 of the Motor Vehicles Act, 1988, are directed against the judgment/award dated 10.9.2003 passed by the Motor Accidents Claims Tribunal/ Addl. District and Sessions Judge/1st Fast Track Court, Haridwar, whereby amount of Rs. 22,72,005 has been awarded as compensation in favour of the claimants.

(2.) Brief facts of the case are that on 19.12.1998 one Jasvinder Singh Sodhi, the deceased, was travelling from Delhi to Haridwar by his motor car registration No. UP 07-E 6666. At about 10 p.m., when the car reached near village Mandawali, a truck registration No. URJ 4795, which was being driven rashly and negligently by its driver dashed at the car in which Jas vinder Singh Sodhi along with other two persons, namely, Amit and Atul received injuries. Sodhi was immediately taken to a nursing home where he succumbed to his injuries. He was aged 41 years at the time of his death. He had 400 bighas of agricultural land and he used to earn Rs. 4,00,000 per annum apart from Rs. 3,000 per annum as rental income. Bininder Sodhi, claimant No. 1, is the widow of the deceased while Riti Sodhi, claimant No. 2 and Ranjay Sodhi, claimant No. 3, are his children. Opposite parties, Suresh Pal and Chandra Pal are the owners of the truck and Banney, opposite party No. 3, was the driver of the truck in question. The vehicle was insured with New India Assurance Co. Ltd. The claimants have filed the petition under section 166 of the Motor Vehicles Act, 1988 for an amount of compensation to the tune of Rs. 37,50,000. Opposite parties Suresh Pal, Chandra Pal and Banney filed their joint written statement in which factum relating to accident was admitted but allegation as to rash and negligent driving is denied and it is pleaded by them that the vehicle was insured with New India Assurance Co. Ltd. It is also pleaded that the driver Banney possessed a valid driving licence and if there is any liability to make payment of compensation that is with the insurance company. The New India Assurance Co. Ltd. filed its separate written statement before the Tribunal in which it is alleged that there was rash and negligent driving on the part of the motor car driver and not that of the truck driver. Learned Tribunal, after framing necessary issues, recording of evidence thereon and hearing the parties, came to the conclusion that the accident took place due to rash and negligent driving on the part of the driver of the truck in question and since the vehicle was insured with New India Assurance Co. Ltd., it allowed the claim application for Rs. 22,72,005, assessing the income of the deceased at Rs. 2,17,000 per annum. Aggrieved by which, New India Assurance Co. Ltd. has filed this appeal. Claimants too have filed Cross Appeal No. 501 of 2003 for enhancement of amount of compensation.

(3.) We heard the learned counsel for the parties on the appeal of New India Assurance Co. Ltd. as well as on the Cross Appeal No. 501 of 2003 and perused the lower court record.