SARJEET SINGH Vs. BIMLA DEVI

JUDGEMENT

(1.) The award dtd. 19/11/2014 passed by the Motor Accident Claims Tribunal, Gurgaon [for brevity 'the Tribunal'] has been assailed by the owner of Tractor bearing registration No. HR-76A-5295 [hereinafter referred to as 'offending vehicle']. Challenge is to recovery rights granted to the insurer of the offending vehicle.

(2.) The facts necessary for adjudication of the present appeal are that on 14/8/2013, Manit Kumar alongwith his cousin was travelling on motorcycle bearing registration No. HR-76A-6383. On the way, the motorcycle was hit by the offending vehicle, due to the impact, Manit Kumar received grievous injuries on head. He was taken to Aditya Hospital, Rewari, thereafter shifted to Medanta Hospital from where he was referred to Safdarjang Hospital, New Delhi. He succumbed to the injuries on 6/9/2013. FIR No.240 of 2013 was registered at Police Station Farukh Nagar, Gurgaon.

(3.) In the claim petition filed by the legal heirs of Manit Kumar, the Tribunal assessed his monthly income as Rs.5,000.00; 50% future prospects were awarded; - 1/2 deduction for self-expenses was made and multiplier of '18' was applied. The Tribunal awarded compensation of Rs.13,68,983.00 alongwith interest @ 7.5% per annum. The amount awarded included Rs.25,000.00 for funeral expenses; Rs.1,00,000.00 for loss of love and affection and Rs.4,33,983.00 towards medical bills. The Tribunal held that the Driving Licence produced was not genuine and granted insurer with the right to recover the compensation from owner and driver of the offending vehicle.