NEW INDIA ASSURANCE CO LTD Vs. KIRAN JAIN

JUDGEMENT

(1.) The insurer has filed the present appeal aggrieved by award, dated 17.11.1999, passed by Motor Accidents Claims Tribunal (XII), Jabalpur with respect to death of one Subhash Chand Jain, in Claim Case No. 430 of 1994. A sum of Rs. 1,66,000 has been awarded along with the interest at the rate of 12 per cent per annum by the Tribunal. The interest was confined to two years' period prior to the date of award.

(2.) On 18.10.1987, truck bearing No. MBK 7343, which was being driven by owner respondent No. 3, Komal Chand Jain, fell down in river from Tilwara Ghat bridge after hitting the deceased. Consequently, Subhash Chand Jain died in the accident and F.I.R. was lodged at police station. As Subhash Chand died, claim petition was filed by the claimants claiming a sum of Rs. 11,65,000. Deceased was aged 24 years. He was earning Rs. 2,000 per month and was spending a sum of Rs. 1,500 on the family. Widow and minor daughter had filed the petition. The owner did not file any written statement. The insurer in the reply contended that Subhash Chand was a relative of the owner, the truck was driven by driver who was not properly trained and was not possessing a valid driving licence and due to his fault the truck fell into the river. Thus, the liability was that of the owner as the deceased was non-fare-paying passenger and it was a case of violation of the condition of the insurance policy.

(3.) Claims Tribunal found that it was not proved that the deceased was travelling inside the truck, but he was hit by the truck which was driven rashly and negligently by respondent No.1. On account of loss of grams the Tribunal has awarded Rs. 30,000 of which liability to the extent of Rs. 6,000 was placed on the insurer and of Rs. 24,000 on the owner of the truck. The monthly income was assessed at Rs. 1,200 per month, one-third amount was deducted on account of self-expenditure by the deceased, multiplier of 16 applied, total dependency was determined at Rs. 1,53,600. On account of loss of consortium a sum of Rs. 5,000 and funeral expenses Rs. 1,400 were awarded. Thus, total compensation of Rs. 1,90,000 was awarded owing to the death of Subhash Chand, the deceased.