SANJAY AND ANOTHER Vs. SANTOSH DEVI AND OTHERS

JUDGEMENT

(1.) Both the appeals have been preferred against the award dated 07.12.2012, passed by the Motor Accident Claims Tribunal, Narnaul (here-in-after referred to as the Tribunal). One appeal has been preferred by the driver and owner who dispute the liability to pay the compensation. The claimants are aggrieved as the compensation awarded for the death of the minor was inadequate.

(2.) The necessary relevant facts are stated here under, to appreciate the issues raised before me. Appellants Santosh Devi and Vinod Kumar, parents of Siwani filed a claim petition seeking compensation for the death of Siwani, a child of 7 years in the accident which occurred on 27.02.2010. The driver was driving a tempo bearing registration no.HR-55B-2136 when the accident occurred. The Tribunal considered the notional income to be Rs.15,000/- per annum and deducted 1/3rd amount towards personal expenses and after applying the multiplier of 15 calculated the compensation as Rs.1,50,000/-. To this, a sum of Rs.10,000/- was added on account of loss of love and affection and another amount of Rs.10,000/- was added for funeral expenses, making the total to be Rs.1,70,000/-. The liability to pay the compensation was placed upon the driver and owner. The insurance company was exonerated as it noticed that the driver possessed a driving licence to drive a LMV and not a transport/commercial vehicle.

(3.) The counsel appearing for the driver and owner had contended that the driver was holding a LMV which was a valid licence and he could drive a transport vehicle as well and had relied upon Oriental Insurance Company Vs. Mukesh, 2011 2 RCR(Civ) 508 and National Insurance Company Ltd. Vs. Sri Annappa Irappa Nesaria & Ors., 2008 1 RCR(Civ) 848.