ANITA KUMARI Vs. KULWANT SINGH

JUDGEMENT

(1.) THIS judgment shall dispose of FAO No. 344 of 2002 and Cross Objections No.505 of 2002 arising out of award dated 29.5.2002 passed by learned Motor Accident Claims Tribunal (II), Una in MAC Petition (RBT) No.39/01/2K awarding Rs.6,67,400/ - compensation to appellants along with 9% interest per annum within 45 days from the date of passing of the award, failing which interest at the rate of 12% per annum from the date of filing of the petition shall be payable. The respondents No.1 and 2 were held liable to pay the compensation. The petition against respondent No.3 insurer was dismissed. The amount of compensation was ordered to be apportioned as indicated in para 21 of the impugned award. The appeal has been filed for enhancement of compensation by the claimants, whereas the crossobjections have been filed by driver and owner of Jeep No. HP -55 - 1152 for reduction of quantum of compensation and fixing liability on respondent No.3 insurer.

(2.) THE facts, in brief, are that Varender Kumar on 16.11.1999 was riding scooter towards Nadaun and at place near ˜dosarka, Tappa Jalari at about 11.15 a.m.jeep No.HP -55 -1152 owned by respondent No.2 and was being driven by respondent No.1 rashly and negligently hit the scooter of Varender Kumar, who fell down and succumbed to his injuries. The accident took place due to rash and negligent driving of respondent No.1. The deceased was 30 years of age and was earning Rs.7000/ - per month by working as Fitter. The appellants are the widow, son, daughter, father and mother of deceased. The Jeep No.HP -55 -1152 was insured with respondent No.3. The appellants filed claim petition claiming Rs.10,00,000/ - compensation.

(3.) HEARD and perused the record. Mr. R.K.Gautam, Senior Advocate appearing on behalf of the appellants has submitted that the Tribunal has applied multiplier of 12 on the lower side. The compensation on account of conventional amount has also been awarded on the lower side, interest awarded by the Tribunal is wrong. The interest should have been allowed at the rate of 12% per annum from the date of filing of the petition till realization. The respondent No.3 insurer has been wrongly exonerated. The learned counsel for respondents No.1, 2 / Cross -objectors has submitted that the Tribunal has awarded compensation to the appellants on the higher side, the insurer has been wrongly exonerated, liability, if any, is of the insurer of Jeep No.HP -55 -1152 to pay the compensation as the said vehicle was insured with respondent No.3 at the time accident. The learned counsel for the respondent No.3 insurer has supported the impugned award.