SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SHANTI

JUDGEMENT

(1.) This order shall govern the disposal of M.A.No.264/2017, M.A.No.569/2017, CR.No.23/2017, CR.No.24/2017 and CR.No.25/2017.

(2.) Brief facts of the case are that on 16/12/2010 claimant Ramsewak along with 4 bags of Bajra, claimant -Ramfes along with 4 goats and claimant Radheshyam along with 4 goats were travelling in loading vehicle MP06-L-0394 along with deceased Santosh Singh, who was cleaner in the said vehicle. The said vehicle was in the ownership of respondent- Kuldeep and was driven by respondent -Raghvendra Singh. The driver of the said vehicle Raghvendra Singh was driving the vehicle rashly and negligently, due to which vehicle was capsized, as a result of which aforesaid claimants and deceased- Santosh got injured. They were admitted in hospital and due to serious injuries, deceased was referred to J.A. Hospital Gwalior and during treatment he died. Soon after this accident, FIR against driver of the aforesaid vehicle No.MP06-L-0394 was lodged after 1hrs. 45 minutes at Police Station Ambah by Radheshyam. On that basis, Crime No.433/2010 under Ss. 279 and 337 of IPC was registered. In his report, Radheshyam has stated that he resides at Village- Gospura and today he was going to buy goats from Ambah market and on the way, he sat on the aforesaid vehicle alongwith Ramfes and Rambaran. Due to negligent driving of the driver of aforesaid vehicle, despite warning, vehicle was capsized, due to which, Ramfes and he received injuries. Thereafter, driver of the aforesaid vehicle ran away. During investigation, statement under Sec. 161 of Cr.P.C. of deceased- Santosh was recorded in which he has specifically stated that on the fateful day, he alongwith son Rajesh was going on the aforesaid loading vehicle, but due to negligent driving of the driver of said vehicle, the vehicle was capsized. Thereafter, he was brought to Ambah Hospital. Afterwards he was referred to Gwalior. Similar statement was given by his son. He has stated that deceased- Santosh was cleaner in the aforesaid vehicle and Rajesh, Radheshyam and Ramfes were traveling with their goats. During treatment, Santosh died on 23/12/2010. Charge-sheet has been submitted against the driver of the aforesaid vehicle. Thereafter, claimants- Radheshyam, Ramfes and Ramsevak filed claim application under Sec. 166 of MACT Act and wife of deceased- Santosh namely Shanti filed an application under Sec. 166 of the Motor Vehicles Act for compensation. The said applications were decided by the common award dtd. 31/11/2016 passed in claim Case Nos.130/2012, 60/2015, 63/2015 and 64/2015 by Second Additional Motor Accident Tribunal, Morena. Learned Tribunal after going through the evidence in para No.28 is of the opinion that claimants could not prove that deceased Santosh was traveling in the aforesaid vehicle as a cleaner, but assessed his income as Rs.3,000.00 on notional basis and awarded compensation of Rs.3,16,000.00 in favour of the claimants. So far as claim of Ramsewak in Case No.60/2015 is concerned, Tribunal found that he got simple injuries and no medical papers and bills were submitted and awarded compensation Rs.250.00 under the head of travelling and Rs.1,000.00 under the head of pain and suffering. Hence total sum of Rs.1250.00 was awarded to the claimant- Ramsewak. So far as claimant- Ramfes in Case No.63/2015 is concerned, tribunal is of the opinion that he also sustained simple injuries and therefore, a sum of Rs.1,000.00 under the head of attender charges, Rs.1,000.00 under the head of nutritious diet, Rs.250.00 under the head of travelling, Rs.1,000.00 under the head of pain and suffering and Rs.310.00 under the head of medical expense was awarded. Hence, total Rs.3,560.00 was awarded to claimantRamfes. So far as claimant Radheshyam is concerned, tribunal found that he sustained grievous injuries on his nose, therefore, tribunal awarded Rs.8,559.00 in his favour and fastened the liability on insurance company to first pay the aforesaid compensation and then recover the same from the owner of the offending vehicle namely Kuldeep Singh.

(3.) Aggrieved by the aforesaid order of pay and recover, insurance company has filed M.A.No.264/2017, CR.No.23/2017, CR.No.24/2017 and CR.No.25/2017 and M.A.No.569/2017 has been filed by the legal heirs of deceasedSantosh. The said appeal has been filed on the ground that income of Rs.3,000.00 per month assessed by the tribunal is on lower side.