ORIENTAL INSURANCE COMPANY LIMITED Vs. GULNAZ BEGUM

JUDGEMENT

(1.) This Civil Ist Miscellaneous Appeal is directed against the award dated 31st May, 2012 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Kishtwar in File No.101/Claim titled Gulnaz Begum and ors. Vs. Oriental Insurance Company Limited and ors in terms whereof the Tribunal has awarded total compensation of Rs.9,51,600/- (Rupees Nine Lacs Fifty One Thousand and six hundred only) in favour of petitioners on account of death of Khair Mohammad. The award has been assailed on the ground that the Tribunal has drawn erroneous conclusions and the findings are perverse; that the facts and law have not been appreciated in the right perspective; that in absence of proof of definite income of deceased, fixing of his monthly income at Rs.6,000/- is based on no evidence and that the Multiplier of 16 adopted is inappropriate in the facts of the case.

(2.) Heard the rival sides and perused the Record of learned Tribunal.

(3.) Briefly put, the facts of the case are that one Khair Mohammad, aged 34 years, was hit by a Matador bearing registration No.JK06-1956 at Shopan Pul Gawari while being driven by its driver rashly and negligently from Gandoh to Gawari inconsequence whereof Khair Mohammad received multiple injuries on his body and died enroute to hospital on the same day. It happened on 17.12.2009. In the claim petition filed by the widow, three minor daughters, a son and parents of deceased, claiming to be dependent upon the earnings of deceased, it was claimed that the deceased was a tailor by profession besides managing a dairy farm deriving a total monthly income of Rs.18,000/-. The offending vehicle belonging to respondent no. 8 - herein and plied by respondent no.9-herein was said to be insured with the appellant Insurance Company. Thus, it is on account of vicarious liability of the owner of offending vehicle arising out of rash and negligent driving of the offending vehicle at the hands of its driver during the course of his employment causing fatal accident and the factum of offending vehicle being insured with the appellant Insurance Company that the owner was sought to be held liable for paying compensation to the widow, minor children and parents of the deceased arrayed as respondent nos.1 to 7 in this appeal (hereinafter referred to as claimants) and the appellant Insurance Company liable to indemnify the insurer.