MOHAN Vs. RAJIK SHEIKH

JUDGEMENT

(1.) This order shall govern disposal of M.A. No. 859 of 2009 which also arises out of the impugned award dated 20.12.2008 passed by IV M.A.C.T. (Fast Track), Khargone in Claim Case No. 135 of 2007. For the death of Shankarlal, a young boy aged about 18 years, in a road accident, learned Claims Tribunal has awarded a sum of Rs. 1,70,000 as compensation together with interest payable by the respondent Nos. 1 and 2 jointly and severally. However, learned Claims Tribunal directed the insurance company to pay the amount of compensation and recover it from the owner.

(2.) The claim petition was filed under section 163-A of the Motor Vehicles Act by the appellants claiming compensation against the owner, driver and the insurance company for the death of their son Shankarlal in an accident on 30.9.2005. According to the claimants, deceased met with an accident on a public road near Gavla School when respondent No. 1 on account of his rash and negligent driving caused the accident in which deceased died on the spot. According to them, the vehicle belonged to respondent No. 2 and was insured with respondent No. 3 on the date of the accident. The claim petition was contested by respondent Nos. 2 and 3. No written statement was filed by respondent No. 1. The respondent No. 2 in his written statement attributed negligence to the deceased and further submitted that compensation, if any, was payable by the insurance company. In the written statement, the insurance company submitted that the risk of the deceased was not covered by the Act policy, therefore, the insurance company was not liable to pay compensation. Learned Claims Tribunal by the impugned award found that respondent No. 1 was responsible for causing the accident on account of his rash and negligent driving of the tractor. It was also found that on the date of the accident, the offending vehicle belonged to the respondent No. 2 and was insured with respondent No. 3. Learned Claims Tribunal assessed the damages taking into account the notional income of the deceased at Rs. 15,000. After deducting the conventional one-third amount, the future loss of dependency was worked out at Rs. 10,000 per annum and applying the multiplier of 16 assessed the future loss of dependency at Rs. 1,60,000. To this, Tribunal added another sum of Rs. 10,000 for funeral expenses and loss to estate and thus awarded a total sum of Rs. 1,70,000 with interest at the rate of 6 per cent. The Tribunal held that the insurance company was not liable to pay the amount of compensation on the ground that at the time of the accident, the deceased was employed as a workman of respondent No. 2 and under the Act policy, the risk of workman was not covered. However, Claims Tribunal directed the insurance company to pay the amount and recover it from the owner as has been stated hereinabove.

(3.) The above appeal has been preferred by the claimants for enhancement and also for holding the insurance company jointly and severally liable to pay the compensation. The other connected appeal has been preferred by the owner for assailing the finding that insurance company was not liable to pay compensation.