BEGUM LIMA Vs. ORIENTAL INSURANCE

JUDGEMENT

(1.) This appeal for enhancement of compensation is filed by the parents of the deceased Mohd Makhan who lost his life in a motor vehicle accident that took place on 29/1/2008 involving the vehicle i.e, Matador bearing Registration No. JK02W-3476 (hereinafter referred to as the 'offending vehicle')near a Tent House on the National Highway falling within the jurisdiction of Police Station, Gangyal. The deceased, at the relevant time, was working as a cleaner with the offending vehicle. The parents along with their three sons (brothers of the deceased) filed a claim petition before the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the 'Tribunal') and sought compensation of Rs.17,50,000.00 along with interest @ 7.5% per annum from the respondents on account of death of Mohd Makhan.

(2.) It was claimed that the accident, in which Mohd Makhan died, had occurred due to rash and negligent driving of the offending vehicle by its driver namely Mushtaq Ahmed, respondent No.3 herein. The claimants claimed that the deceased, while working as cleaner with the offending vehicle, was getting Rs.3500.00 per month as salary and Rs.50.00 per day as trip Coram:allowance. They also claimed that, apart from working as cleaner, the deceased was also in the business of rearing cows and goats and was additionally earning Rs.2500.00 per month.

(3.) The claim petition, as is apparent from the record, was contested by respondent Nos. 1 and 2, whereas respondent No.3 was proceeded ex parte by the Tribunal. Respondent No.1 filed its objections, in which, it, inter alia, took a stand that since the deceased was working as a cleaner with the offending vehicle, as such, the only remedy available to the claimants was to move the Commissioner under Employees' Compensation Act and that the petition under Sec. 166 of Motor Vehicles Act was not maintainable.