MAHILA GOMABAI Vs. GAJENDRA SINGH

JUDGEMENT

(1.) THIS appeal is filed by the claimants for enhancement of compensation. Insurance Company has filed cross-objection praying therein that Insurance Company is not liable to indemnify the owner of the vehicle as Insurance Company is not liable to indemnify passenger in goods carriage in the light of judgment of Apex Court in the case of New India Assurance Co. Ltd. v. Asha Rani III (2002) ACC 753 (SC) : VII (2002) CCR 91 (SC) : (2003) 2 SCC 223.

(2.) THIS fact is not under dispute that the deceased was travelling in a truck which was registered as a goods carrier and the vehicle was insured and Insurance Company has covered the risk under the policy towards third party liability. Insurance risk is covered as per the Act. Therefore, in the light of Apex Court judgment in the case of New India Assurance (supra) Insurance Company is not liable to indemnify the owner of the vehicle. Therefore, cross-objection of Insurance Company is and allowed it is held that Insurance Company is not liable to pay the compensation of claimants.

(3.) FROM the overall assessment of income and the statement of Counsel that the income of the deceased should be determined at Rs. 1,500 per month, we accept the contention of the Counsel for the appellant and determine the income of deceased at Rs. 1,500 per month i.e., Rs. 18,000 p.a. Dependency is determined at Rs. 12,000 per annum. Deceased aged about 45 years i.e., between 40-45 years. As such to determine the compensation multiplier of 15 will be applicable to figure of Is. 12,000 and compensation is determined at Rs. 1,80,000. Appellant will be further entitled for Rs. 20,000 towards damages under various heads, such as loss of estate, loss of consortium etc. Claims Tribunal has also awarded Rs. 2,500 towards treatment given to the deceased on account of medical expenses. Appellant will be entitled for this amount also. Total compensation is determined to Rs. 2,02,500. Appellant will also be entitled for interest at the rate of 6% p.a. on the enhanced amount of compensation from the date of filing of appeal. However, appellant will not be liable to refund the amount of compensation already received by him. Insurance Company is free to recover the said amount from the owner of the vehicle in execution proceedings of the said award or may file a separate application before the Claims Tribunal in execution for recovery of the said amount.