MOTI RAM Vs. ICICI LOMBARD AND ORS.

JUDGEMENT

(1.) The present appeal has been filed by the Owner of the offending vehicle, challenging the impugned award dated 6.5.2009, passed by the learned Motor Accidents Claims Tribunal, Jind (for short 'the Tribunal'). Claimants/respondent Nos. 7 and 8- cross objectors have also filed the cross objections for enhancement of the compensation. Learned counsel for the appellant contends that the learned Tribunal erred in fastening the liability upon the Owner and driver on the ground the offending vehicle did not have a valid route permit. However, in view of the provisions contained in Section 148 of the Motor Vehicle, there is no requirement of route permit. The vehicle was insured at the time accident. Therefore, the liability should be fastened upon the Insurance Company.

(2.) On the other hand, learned counsel for respondent No. 1 submits that the vehicle was being used against the terms and conditions of the insurance policy, therefore, the learned Tribunal has rightly fastened the liability upon the appellant and has given recovery rights to the Insurance Company. He prays for the dismissal of the appeal.

(3.) Learned counsel appearing for respondent Nos. 7 and 8-cross objectors submits that the learned Tribunal erred in applying the multiplier of 15 instead of 17, as the deceased was 30 years of age at the time of his death. He further submits that no amount has been awarded towards future prospects, loss of love, care and guidance to the children, and loss of love and affection to the mother. The amount awarded towards loss of consortium i.e. Rs. 15,000/- is also on the lower side.