ORIENTAL INSURANCE COMPANY LIMITED Vs. MANJULABEN JAYANTIBHAI PATEL

JUDGEMENT

(1.) Since both these appeals as well as the civil applications involve common question of law about maintainability of the appeals filed by the Insurance Company under Section 173 read with Sections 149 and 170 of the Motor Vehicles Act, 1988, which preliminary contention is raised in the above numbered civil applications, the appeals as well as the civil applications are heard together and are being decided by this common order.

(2.) A motor vehicle accident took place on 9.6.1992 involving a tanker and a Maruti car resulting into the death of Jayantibhai, a passenger in the car, and injuries to Sanjay Ramanlal, driver of the car. The widow and minor children of Jayantibhai filed MACP No.911 of 1992 under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") claiming compensation to the tune of Rs.50 lacs. Sanjay Ramanbhai- driver of the car filed MACP No.1055 of 1992 under the same provision claiming compensation of Rs.3 lacs. Both the claim petitions were filed only against the driver, owner and Insurance Company of the tanker. The driver and owner of the tanker, though served, did not appear before the Tribunal but the Insurance Company - Oriental Insurance Company Ltd. contested the claim petitions by filing reply to the respective petitions and contended that the driver of the tanker was not negligent but the driver of the Maruti car was negligent and that the claimants were not entitled for any amount. The Tribunal framed following issues in each petition.

(3.) In MACP No.911 of 1992 i.e. in the fatal accident case, the Tribunal found that the deceased Jayantibhai, who was travelling as a passenger in the Maruti car, was aged about 45 years. He had obtained a degree in B.E. (Civil) in First Class with distinction and was doing business of construction since 1973. On the basis of the income-tax returns filed by him, which were placed on record, and after deducting the personal expenses which the deceased would have incurred on himself, and after taking into consideration the rise in future income, the Tribunal assessed the loss of dependency benefit at Rs.1,50,000/- per annum by way of loss of business income and also loss of agricultural income. The Tribunal applied the multiplier of 14 years purchase factor and awarded compensation of Rs.21 lacs under the head of compensation for loss of dependency benefit and another sum of Rs.25,000/- by way of compensation for loss of consortium and Rs.3,000/- as funeral charges i.e. the aggregate compensation amount of Rs.21,28,000/-.