GULAB DASSI Vs. RAM NATH

JUDGEMENT

(1.) THE present appeal, under Section 173 of the Motor Vehicles Act, has been filed by the claimants. Their grievance is that the quantum of compensation, awarded by the trial Court, is on the lower side and that the order absolving the Insurance Company of the liability to pay the compensation is also unwarranted.

(2.) RELEVANT facts may be summed up thus. Deceased Jindu Ram, aged 62 years, died in an accident of a car bearing registration No. CH-01-B-6713. The car was being driven by respondent No. 2 Ram Nath Thapa. The owner of the car was respondent No. 1 Ram Nath. The car was insured with respondent No. 3 New India Assurance Company for third party risk. It was alleged that the car was being driven in a rash or negligent manner and because of that the accident had taken place. It was alleged that the deceased used to earn Rs.50,000/- a month from his orchard and the sale of the milk of cows, reared by him. A sum of rupees fifteen lacs was claimed, together with interest, by way of compensation by the appellants, who are the widow and the two sons of the deceased. Respondent No. 1, the owner of the car and respondent No. 2 the driver of the car though filed separate statements, yet took the similar plea. They denied that the accident had taken place due to any rashness or negligence on the part of the driver. It was denied that the deceased used to earn Rs.50,000/- a month. It was alleged that the vehicle had been insured with respondent No. 3 at the relevant time, therefore, the liability, if any, for payment of the compensation was that of the Insurance Company.

(3.) IN the present appeal it is stated that the learned Tribunal has fallen in error in assuming the income of the deceased to be Rs.15,000/- a month only and that in fact his income was Rs.50,000/- per month. Further it is alleged that the Insurance Company could not have been absolved of its liability, because the printed portion of the policy that the vehicle was not to be driven by a person holding a learner's licence, had been scored out by the Insurance Company, in consideration of its having charged extra premium.