ORIENTAL INSURANCE COMPANY LTD. Vs. HUSNA JAHAN

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the insurer of the offending Truck No.UP-12-T- 1127 against the impugned judgment and award dtd. 14/8/2025 passed by the Motor Accident Claims Tribunal, Meerut in MACP No. 758 of 2016, Smt. Husna Jahan and others Vs. The Oriental Insurance Company Ltd. & others, whereby, compensation of Rs.10,36,567.00 alongwith interest at the rate of 7% per annum has been awarded to the claimants(wife and children of deceased) for the untimely death of the deceased Mohd. Irfan on 29/4/2016 in an accident which occurred on 24/4/2016 which was ordered to be indemnified by the insurer of the offending vehicle.

(2.) The factual matrix is that on 24/4/2016, the deceased Mohd. Irfan was driving his scooter No.UP-15-BF-1428 on which Mohd. Adnan was travelling as pillion rider, from Khatauli to his village Inchauli. The scooter was being driven by Mohd. Irfan carefully in a controlled speed on his side of the road, then at about 07.00 PM, when they reached Meerut-Mawana road near village Masoori, then the above scooter was hit by Truck No.UP-12-T-1127, which came from behind, which was being driven in a rash and negligent manner, resulting in serious injuries to Mohd. Irfan,who died during treatment on 29/4/2016. At the time of the accident, the deceased was aged about 54 years, who was working as tailor in Saudi Arabia and was earning Rs.40,000.00 per month, but the tribunal has assessed his income on the basis of minimum wages of skilled worker as Rs.8767.85 per month. The tribunal has deducted 1/4th amount towards personal expenses, granted future prospect of 10%, applied multiplier of 11, awarded Rs.15,000.00 each towards loss of estate and funeral expenses and Rs.40,000.00 towards loss of consortium. In this way, the tribunal awarded a total compensation of Rs.10,36,567.00 along with interest @ 7 per cent per annum to the claimants, which was ordered to be indemnified by the insurer of the offending vehicle, aggrieved against which, the insurance company is in appeal before this Court.

(3.) In the above factual matrix, learned counsel for the appellant insurance company submitted that the deceased died due to cardio respiratory failure. He further submitted that no fatal injury was found on the body of the deceased during autopsy and there was no nexus between the cause of death and the injuries sustained in the accident. Learned counsel for the appellant submitted that the deceased was driving the scooter No.UP-15- BF-1428 in a careless manner, who himself contributed towards the accident but the tribunal has not appreciated this fact. He further submitted that from the site plan, it is evident that the entire fault was of the deceased who was driving the scooter in a rash and negligent manner. Learned counsel for the appellant submitted that the tribunal has not considered the above aspects and has allowed the claim petition erroneously. With these submissions, it was prayed that the appeal be admitted for hearing.