ORIENTAL INSURANCE COMPANY LIMITED Vs. KAVITA KARKI

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act, 1988'), assailing the judgment and award dtd. 18/10/2019 passed by the learned Motor Accident Claims Tribunal/First Additional District Judge, Haldwani, District Nainital, in M.A.C.P. No.146 of 2018, whereby a sum of Rs.90,01,776.00 has been awarded as compensation in favour of the claimants.

(2.) The brief factual matrix, as borne out from the record, is that on 9/6/2018 at about 07:00 p.m., the husband of respondent no. 1, namely, late Parvendra Singh alias Pappu Karki, alongwith his companions, was travelling from Gauniyaro to Haldwani in a Car, bearing registration No. UK04-H-7447; that, when the said vehicle reached near Village Murkudia Haidakhan, the driver, Pushkar Singh, drove the Car in a rash and negligent manner, as a result of which, the vehicle fell into a deep gorge. Consequent thereto, late Pravendra Singh alias Pappu Karki, the driver-Pushkar Singh, as well as another occupant of the vehicle, succumbed to the injuries on the spot; whereas, two other co- passengers sustained grievous injuries. The unfortunate incident was promptly reported to Police Station Patti Rousil, whereupon First Information Report No. 02 of 2018 was registered under Ss. 279, 304-A, 337, and 338 of the Indian Penal Code.

(3.) Learned counsel for the appellant contended that the learned Tribunal erred in taking into consideration the Income Tax Returns of the deceased, which pertained to the period subsequent to his demise. The second ground urged by the learned counsel for the appellant is that the deceased did not have a fixed or regular income, being a professional singer; notwithstanding this, the learned Tribunal relied upon an average of the last three years' Income Tax Returns of the deceased for the purpose of computing his income. It was further submitted that no other vehicle was involved in the accident and that the unfortunate incident occurred in an attempt to save the life of a wild animal, and not on account of rash or negligent driving on the part of the driver.