NATIONAL INSURANCE CO LTD Vs. KUSUM DEVI MISHRA

JUDGEMENT

(1.) THIS is an appeal under section 173 of the Motor Vehicle Act, 1988 (for short 'the Act') against the award dated 16-1-1995 passed in Claim Case No. 82/93 by the First Additional Motor Accidents Claims Tribunal, Satna.

(2.) FACTS giving rise to this appeal are thus. Respondents Nos. 1 to 5 are the legal representatives of the deceased Chokhelal, who claimed compensation of Rs. 14,90,000/- for the death of Chokhelal, caused in motor accident on 6-8-1992 at about 11. 30 a. m. by truck No. RPJ-5588, driven by respondent No. 6, owned by respondent No. 7 and insured with appellant. Respondents Nos. 6 and 7 filed their joint written statement denying their liability to pay compensation. Appellant in its separate written statement contended that the contract of insurance entered into between the appellant and the owner of the vehicle is void as he was minor and was not competent to contract. The policy was obtained by the father of respondent No. 7 by concealment and suppression of the material fact of minority of the respondent No. 7.

(3.) THE Tribunal after appreciation of evidence adduced by the parties, held that the accident was caused due to sole negligence" of the truck driver as a result of which motor cyclist Chokhelal died. At the time of the accident the deceased was aged 38 years and was earning Rs. 5,000/- per month by contractorship and by agriculture. After deducting 1/3rd amount towards the personal living expenses of the deceased, the dependency was estimated at Rs. 39,600/- applying the multiplier of 11, the amount was worked out to Rs. 4,35,600/-; in that Rs. 10,000/- was added towards consortium and Rs. 2,000/- to each children for loss of company and love and affection. Thus an award of Rs. 4,53,600/- with interest at the rate of 12 percent per annum from the date of application, that is, 2-9-1992, till realisation, was passed against the owner, driver and insurer.