ORIENTAL INSURANCE CO LTD Vs. MANTHI DEVI

JUDGEMENT

(1.) THIS appeal has been filed by the Oriental Insurance Company Ltd. , the insurer of Tempo No. UP-13a- 3185. The claimants/respondents filed M. A. C. No. 169 of 1996 claiming compensation of Rs. 3,45,500/- on account of the death of Bhaktu Dass. The allegations in the claim petition was that on 21-2-1996 at about 9. 30 a. m. on Roorkee Road, the deceased and his brother Guddu Dass were returning on a Rickshaw. After leaving the Rickshaw while they were crossing road, the aforesaid tempo hit the deceased due to which he died. An F. I. R. was lodged at P. O. Sadar Bazar, Meerut Cantt. At the time of death the deceased was aged about 44 years and he was working as Head Clerk in the office of C. D. A. Meerut and his monthly salary was Rs. 3,046.

(2.) THE owner of the tempo did not appear in spite of service of notice. THE claim was contested by the appellant Insurance Company. It was denied that accident took place with the tempo. It was admitted that the tempo was insured by the appellant and it was pleaded that the accident took place due to negligence on the part of deceased. THE Motor Accident Claims Tribunal held that the accident took place due to rash and negligent driving of the offending tempo. THE income of the deceased from the salary certificate was found to be Rs. 3,705/- and multiplier of 15 was applicable. From the annual income of the deceased 1/3rd amount was deducted and the dependency was found to be Rs. 29,640/- per annum. THE Tribunal awarded Rs. 4,54,100 as compensation with 12% interest per annum from the date of petition till realization.

(3.) THE law has been settled that the Insurance Company can file an appeal challenging an award of the Tribunal only on limited grounds available to the insurer under Section 149 (2) of the Act in absence of any permission granted by the Tribunal under Section 170 of the Motor Vehicles Act. THE Insurance Company could not challenge the quantum of compensation or negligence of parties etc.