RADHABAI Vs. RADHESHYAM

JUDGEMENT

(1.) M .A. No. 2330 of 2008 has been filed by the claimants seeking enhancement of compensation amount awarded by the Tribunal and M.A.No. 2372 of 2008 has been filed by the owner of the vehicle, challenging the exoneration of the insurance company by the Claims Tribunal. These appeals have been filed against the award dated 30-4-2008 passed by the Member Judge, Motor Accidents Claims Tribunal, Shajapur, in Claim Case No. 17 of 2008.

(2.) BRIEF facts of the case are that on 11-2-2007 at 2.45 p.m. in the afternoon deceased respondent was going with his friend Ramchandra, who was driving Trax Tempo bearing registration No. MP 39-D 0406, for washing the vehicle Tempo Trax. When the vehicle reached at gram Mithaanpur near Goddess Dayalu Temple at A.B. Road, the driver of Tempo Tra x deceased Ramchandra, driving rashly and negligently lost control of the vehicle and fell into the well 150 ft away from the road. Due to the aforesaid accident both Rajaram and Ramchandra died on the spot. Respondent No. 1 is the owner of offending Tempo Trax bearing registration No. MP 39-D 0406 and respondent No.2 is the insurance company from whom this vehicle was insured on the date of accident. The appellants are the wife, father, mother, minor sisters and deceased, is suffering from serious ailment of head. He is very weak and cannot do any work due to his physical weakness. The Tribunal assessed the monthly income of the deceased at RS.1,500 and calculated the loss of income at RS.18,000 per annum. He found that the age of the deceased at the time of accident was, 21 years and applied the multiplier of 17 and calculated the sum of 18,000 x 17) = RS.3,06,000 as loss of income. After deducting 1/3rd 1,02,000) towards personal and living expenses of the deceased, assessed the sum of RS.2,04,000 as loss of dependency of the appellants and on other conventional heads the Tribunal awarded RS.9,500. Thus, Claims Tribunal awarded a sum of RS.2,13,500 along with interest at the rate of 6 per cent per annum from the date of application and exonerated the insurance company on the ground that at the time of accident Ramchandra the driver of Tempo Trax bearing No. MP 39-D 0406 was not having a valid driving licence to drive the vehicle.

(3.) ON the other hand, Mr. Pradeep Gupta, Advocate for the insurance company, supported the award passed by the Tribunal and submitted that no error has been committed by the Tribunal in passing the impugned award and in exonerating the insurance company.