NEW INDIA ASSURANCE CO. LTD Vs. SHIKHA GOYAL

JUDGEMENT

(1.) This miscellaneous appeal under Sec. 173 of the Motor Vehicles Act has been filed against the order dtd. 5/4/2021 passed by third Additional Motor Accident Claims Tribunal, Morena in Motor Accident Claim Case No.355/2017, by which the compensation amount of Rs.4,36,156.00 has been awarded to the respondents No. 1 and 2 under Sec. 163-A of the Motor Vehicles Act.

(2.) The necessary facts for disposal of this appeal are that the deceased Yogesh Kumar Goyal was driving the Car bearing registration No.MP06-CA-4843 and the Car turned up side down resulting in death of Yogesh Kumar Goyal. Respondent No. 3 (mother of the deceased) is the registered owner of the Car in question. Respondents No. 1 and 2 filed an application under Sec. 163-A of the Motor Vehicles Act for grant of compensation on the basis of structured formula. The appellants filed their written statement and denied that the monthly income of the deceased was Rs.40,000.00. It was further claimed that in fact, the deceased himself was driving the vehicle in a negligent manner and met with an accident on account of his own negligence. The insurance of the vehicle was admitted. It was further claimed that respondents No. 1 and 2 / Claimants should also plead and prove that they have not received any compensation from any other department. It was further pleaded that the contention of respondents No. 1 and 2 that the Car turned up side down on account of failure of brake is false. It was further pleaded that since the deceased himself was driving the vehicle, therefore, he cannot be kept in the category of third person. It was further pleaded that the deceased was not having any valid license and Car was not having any fitness certificate and was being driven contrary to the provisions of Motor Vehicles Act. In the alternative, it was further pleaded that in case, if it is found that the appellant is liable to pay the compensation, then its maximum liability is limited to Rs.2,00,000.00. Since the Car was registered in the name of his mother, therefore, the case of the driver / deceased would be covered under personal accident cover for owner-driver.

(3.) The Claims Tribunal after considering the evidence led by the parties allowed the claim petition by the impugned award dtd. 5/4/2021 and awarded Rs.4,36,156.00 and directed for release of amount as per para 38 of the award.