MOHAN SINGH Vs. VIJAI SINGH

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act has been filed against the award dated 16 -04 -2004 passed by the Motor Accidents Claims Tribunal/District Judge, (hereinafter referred as Tribunal'), Dehradun in M.A.C.P. No. 90/2000, whereby the learned Tribunal had awarded a sum of Rs. 2,22,900/ - as compensation alongwith interest @ 9% per annum to the claimant -Appellant against the New India Assurance Company. The Insurance Company was directed to pay the amount of compensation within forty -five days from the date of award.

(2.) BRIEF facts of the case are that the claimant i.e. Mohan Singh had filed a claim petition before the Tribunal alleging therein that on 09 -12 -1999 he was going to Dehradun from Sahashpur side in a vehicle (Tractor) No. UMS 941. The tractor was being driven by the claimant himself. At about 10:30 P.M. a truck No. UP -7J -0268 coming from the opposite direction rashly and negligently dashed the Tractor due to which the claimant sustained grievous injuries on his person. The claimant was taken to hospital for medical treatment. The said truck was being driven by its driver -Vijay Singh in a rash and negligent manner. The claimant has further alleged in the claim petition that he was 29 years of age; he was doing his own occupation of agriculture and of driving the tractor and he used to earn Rs. 5000/ - per month on the date of accident. The claimant on account of the injuries sustained by him has suffered a permanent disability up to an extent of 55% (fifty five percent). Hence, the claim petition had been preferred by the claimant. An amount of Rs. 17,30,000/ - had been claimed as compensation in lieu of the injuries sustained by the claimant in the motor accident.

(3.) ON the basis of the pleadings, the learned Tribunal framed necessary issues in the case. On the basis of the evidence led by the claimant that the Tribunal had come to the conclusion that the driver of the offending truck was rash and negligent at the time of accident. It was further held that the driver of the tractor was also rash and negligent and on account of the rash and negligence on the part of the tractor driver, the accident took place. The rash and negligence on the part of the truck driver was held upto the extent of 75% and the contributory negligence on the part of the claimant, who was driving the tractor at the time of accident was assessed upto the extent of 25%. The Tribunal has awarded a sum of Rs. 84,000/ - towards the medical treatment of the claimant. In addition to this, Rs. 10,000/ - each were awarded by the Tribunal under three heads i.e. pains and agony, transport charges and special diet. A sum of Rs. 5000/ - was awarded for the loss of earning. The Tribunal has held that the claimant was 30 years of age at the time of accident. The income of the claimant was assessed at Rs. 2200/ - per month or say Rs. 26,400/ - per annum. After deducting 1/3rd for the personal expenses of the claimant, the dependency of the claimant was assessed at Rs. 1500/ - per month. The Tribunal had applied the multiplier of "18" and the amount of compensation was assessed at Rs. 3,24,000/ -. Keeping in view the permanent disability of claimant as 55%, the amount of compensation was assessed at Rs. 1,78,200/ - (Rs. 3,24,000 Ã - 55 divided by 100). Thus, in this way, the Tribunal has awarded a total sum of Rs. 2,97,200/ - (Rs. 1,78,000 + 1,19,000) alongwith the interest thereon @ 9% p.a. from the date of filing the claim petition till the date of payment. It was further held that the insurer of the truck was liable to pay the amount of compensation to the claimant upto the extent of 75%. It was further held that the drivers of both the vehicles contributed to the accident and therefore the claimant was entitled to get 75% amount from the insurer of the offending truck while rest of the amount was to be paid by the owner of the tractor.