(1.) Shri Mohammad Shafi Wani son of Ghulam Rasool Wani resident of Sarnal Payeen, Anantnag, on 5th Nov. 2005 met with a vehicular accident at Main Chowk, Awantipora, resulting in his death on 9th November 2005 at SKIMS Soura. The dependents of the deceased on 23rd Nov. 2005 filed a claim petition under section 166 Motor Vehicles Act, before the Motor Accident Claims Tribunal, Anantnag. The claimants in all claimed a compensation of Rs. 26,20,728 on the grounds of loss of dependency, funeral expenses, loss of consortium, etc. Though the owner and driver of the offending vehicle were arrayed as respondents 1 and 2 in the claim petition yet a direction was sought to the Insurance Company with which the offending vehicle was insured to pay the claimed compensation as the Company was under contractual obligation to indemnify the owner. The claim petition was opposed by respondents 1 and 2 on the ground that the vehicle (Tata Sumo JK03-2242) was falsely connected with the accident in question. The appellant Insurance Company- respondent No. 3 before the Tribunal contested the claim petition on the ground that respondent No. 1- driver of the offending vehicle- was not having a valid and effective driving license on the date of the accident and the Insurance Company was not liable to pay the compensation because of breach of insurance policy.
(2.) The tribunal on perusal of the pleadings settled following issues:
(3.) The Tribunal on consideration of the evidence brought on the file held the accident to have been the result of rash and negligent driving of the offending vehicle (Tata-Sumo JK03-2242) by respondent No. 1 and the vehicle to have insurance cover from respondent No. 3 on the date of the accident. The deceased at the time of the accident as per the evidence available on the file was of 40 years age and working as a tailor with John Bishop Memorial Hospital Anantnag, on a monthly salary of Rs. 4883. The Tribunal found the deceased to have been working as tailor at his residence before and after office working hours and assessed his income from the said source at Rs. 3000 per month. Taking monthly income of the petitioner at Rs. 8000 per month and allowing a deduction of one-fourth of the actual income on account of personal expenses, the Tribunal treated monthly income of the petitioner a.fter deducting personal expenses etc at Rs. 6000 and using it as multiplied and applying multiplier of 15, worked out the loss of dependency at Rs. 10.80 lakh. The Tribunal awarded Rs. 25,000 on account of loss of consortium and Rs. 10,000 to each child for loss of parental love and Rs 2,000 for funeral expenses, Rs 2500 on account of loss of estate and Rs 2500 for medical treatment and transport. The Tribunal in total awarded an amount of Rs 11,32,000. The driver of the vehicle-respondent No. 1 herein was held to have been driving the vehicle without any valid and effective licence.