UNITED INDIA LIMITED COMPANY LIMITED Vs. CHAMKAUR SINGH

JUDGEMENT

(1.) This order will dispose of F.A.O. No. 1549 of 1996 and Cross Objection No. 31 -CII of 1998.

(2.) Bikramjit aged about 14 years died in a road accident on 8.2.1993. His bicycle was struck by Truck No. PIB 9370 near Bus Stand, Moga. He was a student of 6th class. On a consideration of oral and documentary evidence led by the parties, the Motor Accident Claims Tribunal, Faridkot (for short 'the Tribunal') came to the conclusion that the accident had occurred due to rash and negligent driving of the driver of the offending truck. The Tribunal awarded a sum of Rs. 54,000/ - as compensation to the parents of the deceased. The parents had claimed that the boy was assisting father in his Karyana shop and thereby rendering service worth Rs. 1000/ - per month. However, in the absence of any concrete evidence, the Tribunal estimated the loss of dependency at Rs. 300/ - per month only i.e. Rs. 3600/ - per annum, the compensation of Rs. 54,000/ - was determined after applying a multiplier of 15.

(3.) The Insurance Company in its appeal has challenged the award on the sole ground that the driver of the truck was not holding a valid driving licence, and therefore, the vehicle was being driven in contravention of terms of the insurance policy. It is, therefore, claimed that the Insurance company could not be held liable to pay the compensation. In the Cross -objections the claimants pray for enhancement of the compensation in view of the facts and circumstances of the case.