RACHNA AGGARWAL Vs. RAMJI SINGH

JUDGEMENT

(1.) A Maruti Esteem car bearing the registration No. CH 01-S 3144, being driven by Manoj Kumar Aggarwal while going from Chandigarh to the holy shrine of Mata Vaishno Devi on 8.11.1997, met with an accident with the truck bearing registration No. PB-06 2298 (for short 'the offending truck'), which was being driven by Ramji Singh, respondent No. 1, near village Saror in Jammu District. Manoj Kumar Aggarwal died at the spot. His father Parmod Kumar Aggarwal lost his life on 9.11.1997 on account of the injuries suffered by him in the said accident. Kshitiz Singh, minor child of Virender Singh, i.e., sister's son of Manoj Kumar Aggarwal, received severe injuries. Three separate claim petitions were filed by Shashi Aggarwal (widow of Parmod Kumar Aggarwal), Rachna Aggarwal (widow of Manoj Kumar Aggarwal) along with her minor children, and the minor Kshitiz Singh injured through his father Virender Singh. Motor Accidents Claims Tribunal, Chandigarh (for short 'the Tribunal') vide a consolidated judgment dated 24.4.2002 awarded compensation to the tune of Rs. 31,20,000 to the widow and the children of Manoj Kumar Aggarwal deceased; Rs. 9,43,000 to Shashi Aggarwal, widow of Parmod Kumar Aggarwal deceased and his other legal heirs; and Rs. 25,000 were awarded to Kshitiz Singh for the personal injuries suffered by him. Besides this, the Tribunal also awarded interest at the rate of 9 per cent per annum of the total amount of compensation from the date of claim petition till payment. The truck was insured with respondent Nos. 3 and 4 but respondent No. 1 Ramji Singh driver of the offending truck was held to be not holding a valid and effective driving licence at the time of the accident. The Tribunal held respondent Nos. 1, 3, 4 and 9 liable jointly and severally to pay the amount of compensation awarded in all the three claim petitions. However, it was ordered by the Tribunal that the insurance company can recover the amount of compensation from the insured, if so advised. United India Insurance Co. Ltd. had earlier filed 3 separate appeals, namely, F.A.O. Nos. 5108, 5109 and 5110 of 2002 wherein challenge had been made to the award of Tribunal. However, this court vide judgment dated 18.10.2002 has dismissed the appeals filed by the insurance company. Present appeal has been filed by Rachna Aggarwal, widow of Manoj Kumar Aggarwal and her two minor sons, wherein prayer has been made for enhancement of the amount of the compensation awarded by the Tribunal.

(2.) The primary contention raised by Mr. C.B. Goel, learned counsel for appellant, is that the Tribunal has erred in making a deduction of Rs. 5,000 per month (total Rs. 60,000 per annum) out of the income of deceased Manoj Kumar Aggarwal under the head 'for proper running and profits of the business'. The counsel contended that all the expenses incurred in the running of the business are already debited in the accounts and the income tax returns are filed accordingly.

(3.) The contentions raised by Mr. C.B. Goel, learned counsel for the appellant are vehemently controverted by Mr. Maharaj Baksh Singh, learned counsel appearing on behalf of the insurance company.