UNITED INDIA INSURANCE CO. LIMITED Vs. SHANTI DEVI

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the insurer of Roadways Bus No. UP-32-CZ-4600 against the impugned judgment and award dtd. 24/8/2018 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 1, Allahabad, in MACP No. 217 of 2012, Smt. Shanti Devi and others v.UPSRTC and others, whereby compensation of 81,35,000/- along with interest @ 7% per annum has been awarded to the claimants(wife and children) for the death of claimant's husband/father Dr. Masi Lal due to injuries suffered by him in an accident which occurred on 8/3/2012 at about 9:45 A.M.

(2.) Factual matrix is that the deceased Dr. Masi Lal was driving a motorcycle No. UP-63-H-1095 on 8/3/2012 then at 09.45 A.M. near Govindpur crossing, Mohalla Teliyarganj within the jurisdiction of police station Shivkuti, Allahabad the above Motorcycle was hit by a roadways bus No. UP-32-CZ-4600 which was being driven in rash and negligent manner by its driver. The offending bus collided head-on with the motorcycle, resulting in grievous injuries to Dr. Masi Lal, who succumbed on the spot. The deceased was aged about 46 years on the date of the accident and was professional doctor and was employed as Deputy C.M.O. in the office of the C.M.O., Mirzapur and was drawing salary of 74,074/- per month. The claimants(wife and children) claimed compensation of 1,05,00,000/- but the tribunal relying upon the Form-16 of the Income Tax Act of the deceased, assessed his annual income to be 7,85,571/- and after deducting an amount of 69,719/- towards the income tax, granted future prospect of 30%, applied multiplier of 13, awarded compensation of 81,35,000/- along with 7% interest per annum to the claimants(wife and children) of the deceased, which was ordered to be paid by the insurer of the offending Roadways Bus No. UP-32-CZ-4600.

(3.) Learned counsel for the appellant-insurance company submitted that from the site plan and the evidence of eye-witness Raju P.W. 2, it is evident that there was contributory negligence on the part of the deceased, who was driving motorcycle No. UP-63-H-1095 on the date of the accident, but the tribunal has erred in concluding that the accident occurred due to the sole negligence of the driver of the offending Roadways Bus No. UP-32-CZ-4600. It was also submitted that the offending bus did not possess the relevant route permit at the time of the accident, as such, the appellant is not liable to indemnify the claimants.