KULWANT KAUR Vs. BABU SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of two first appeals being FAO Nos. 1244 and 1199 of 1997 as both the appeals have arisen out of the award dated February 28, 1997 passed by the learned Motor Accident Claims Tribunal, Patiala (for short 'the Tribunal').

(2.) FAO No. 1244 of 1997 has been filed by the claimants claiming further enhancement of compensation whereas FAO No. 1199 of 1997 has been filed by the Insurance Company claiming that it was not liable to pay any amount of compensation.

(3.) THE learned Tribunal, on the basis of the evidence available on the record found that Dilbagh Singh was driving the offending truck rashly and negligently and on account of the aforesaid fact the accident in question had occurred resulting in the death of Gurnam Singh. Consequently, the claimants were held entitled to compensation. The income of the deceased Gurnam Singh was assessed at Rs. 1,650 per month. Consequently, his dependency was assessed at Rs. 1,200 per month. A multiplier of 14 was applied. On account of the aforesaid fact, the compensation payable on account of his death was assessed at Rs. 2,01,600. Additionally, claimants were held entitled to Rs. 5,000 on account of medical expenses incurred by them and Rs. 10,000 was also assessed as payable for the loss of consortium to the claimants on account of the death of Gurnam Singh. Thus, a total of Rs. 2,16,000 was assessed as compensation payable by the respondents along with interest at the rate of 12% per annum. The plea raised by the Insurance Company that the licence in question possessed by Dilbagh Singh was fake and, therefore, it was not liable to pay any compensation to the claimants. This plea was rejected by the Tribunal holding that even if the original licence was fake but nothing had been shown the Insurance Company that the subsequent renewals were also fake. Consequently, the Insurance Company was also held liable to share the responsibility jointly and severally.