NATIONAL INSURANCE COMPANY Vs. KRISHNA KOUR

JUDGEMENT

(1.) The Civil First Miscellaneous Appeal in hand, is directed against the award passed by Motor Accident Claims Tribunal, Jammu on 27.4.2005 in claim petition No. 343/Claims titled Smt. Krishna Kour & Ors. v. Bhajdev Singh and Ors. The appeal has been filed against the following factual background.

(2.) Shri Ashok Kumar Sharma S/o Sh Vaid Nath R/o Delli Channi Himmat, Jammu on 22nd October, 2000 at around 6.45 PM while driving a passenger vehicle (Matador) having registration No. JK02G - 9946 rashly and negligently knocked down Shri Ajit Singh R/o H.No. 79 Lane No. 13 Sector 6, Digiana, Jammu. Shri Ajit Singh, sustained multiple injuries, was shifted to JMC Hospital Jammu, where he succumbed to his injuries. Shri Krishna Kour and her three minor children on 16th August, 2002 filed a claim petition before Motor Accident Claims Tribunal, Jammu. The claim petition under Section 166 of Motor Vehicles Act, 1988 was registered as No. 343/Claims. The claimants - respondents 1 to 4 herein pleading that the deceased had a monthly income of Rs. 10,000/- through business and was 35 years of age at the time of accident, claimed compensation of Rs. 6.00 lac on account of death of Shri Ajit Singh in the vehicular accident. The claim petition, was resisted by the appellant - Insurance Company on the grounds that driver of the offending vehicle had not effective and valid driving licence at the time of accident and the appellant - Insurance Company was not liable to pay the compensation because of breach of policy by owner of the vehicle - respondent No. 5 in the appeal. The appellant did not specifically controvert the case set up by the respondents 1 to 4 before Tribunal that deceased was 35 years of age and had an income of Rs. 10,000/-from his business. However, it was admitted that the offending vehicle was insured with appellant - Insurance Company. There was a wake exception that the compen-

(3.) The respondents 1 to 4 examined one witness in support of the claim petition. The respondent No. 1 also stepped in the witness box. Reliance was also placed on FIR No. 528 of 2000 U/s 279/337 RPC Motor Vehicles Act registered at Police Station, Gandhi Nagar regarding the vehicular accident in question and the postmortem examination report of the deceased. The appellant Insurance Company did not adduce any evidence in rebuttal or to prove the issues onus whereof was placed on the company. The Tribunal on perusal of the pleadings and the evidence brought on the file assessed an amount of Rs. 8,36,000/- on account of loss of dependency, shock and agony, loss of love and affection, loss of consortium and funeral expenses. The compensation assessed was directed to carry interest @ 6% per annum from the date of filing of claim petition till its final realisation/payment of the award amount.