NATIONAL INSURANCE CO LTD Vs. RAJNI DEVI

JUDGEMENT

(1.) On 19th February, 2003 a passenger vehicle bearing registration No. JK02K-8825 met with an accident at Pouni Chak due to rash and negligent driving of its Driver Shri Ranbir Singh respondent No.5 herein. The accident resulted on spot death of Ram Dayal Bhagat travelling in the vehicle. Smt. Rajni Devi widow of the deceased and his parents filed a claim petition registered as file No. 509/claim before the Motor Claims Tribunal, Jammu. The petitioners before the Tribunal claimed an amount of Rs. 16.75 lakh from the respondent Insurance Company with which the offending vehicle was insured and arrayed as respondent No.3 in the claim petition. The Tribunal after the parties were afforded an opportunity to adduce evidence in support of their respective stands awarded an amount of Rs. 7,78,000/- as compensation in favour of the petitioner. The respondent Insurance Company was directed to satisfy the award and was burdened with interest @ of 7.5 per cent per annum on the awarded amount from the date of filing of the petition till the realization of the award amount. The Tribunal further directed that out of the total award amount Rs. One lakh be given to the widow of the deceased respondent No. 1 and rest of the amount be paid to the petitioners 2 and 3 the parents of the deceased. The respondent Insurance Company was granted right to recover the award amount from the owner of offending vehicle.

(2.) The Tribunal order dated 30-6-2008 as reviewed vide order dated 26-7-2008, is questioned in the two Civil First Miscellaneous Appeals registered as CIMA 256/2008 and CIMA 179/2008. CIMA No. 256/2008 has been filed by the respondent Insurance Company. The award made by the Tribunal is questioned on the grounds that the conclusions drawn are not based on the evidence brought on the file. The Tribunal is said to have not insisted on definite proof as regards the income of deceased and relied on mere statement of respondent No.1. The Tribunal, it is pleaded, ignored to take into account the income tax payable by the deceased and to deduct the income tax payable from the income assessed. The Tribunal/the appellant pleads has arbitrarily applied multiplier of 16 while assessing the compensation payable to respondents 1 to 3 claimants before the Tribunal.

(3.) Civil First Miscellaneous Appeal 179/ 2008 is filed by Smt. Rajni Devi widow of the deceased. The appellant's case is that the Tribunal has arbitrary taken into account Rs. 6000/- per month as income of the deceased, ignoring the evidence brought on the file regarding this aspect of the case. It is insisted that the appellant successfully proved before the Tribunal that the monthly income of the deceased was more than Rs. 8000/- and the deceased was 26 years of age at the time of fatal accident. The awarded amount is said to be on the lower side and not "just compensation" within the meaning of Section 168 Motor Vehicles Act. The appellant is also aggrieved of the apportionment of the award amount amongst respondent No. 1 to 3/claimants before the Tribunal.