ORIENTAL INSURANCE CO. LTD. Vs. SUKREETI KUMARI

JUDGEMENT

(1.) This appeal by Oriental Insurance Company Limited (hereinafter referred to as 'the Insurer') is directed against the award dtd. 18/8/2018 passed by Motor Accident Claims Tribunal, Rajouri (for short 'the Tribunal') in the file No. 61/Claims titled Sukreeti Kumari and another Vs. M/S Pal Construction Co. and others. The respondent Nos. 1 to 4 (hereinafter referred to as 'the claimants'), have filed cross objection seeking enhancement of the compensation awarded to them by the Tribunal.

(2.) Briefly stated, the facts leading to the filing of this appeal are that a motor vehicular accident involving Tipper bearing registration No. JK02AK-2085 (hereinafter referred to as 'the offending vehicle') took place on 15/5/2015 near Bapu Asa Ram Asharam, Rajouri while it was being driven by its driver namely Sanjay Kumar from Rajouri towards Dassal Karian in very rash and negligent manner. In the accident that occurred due to the driver of the offending vehicle losing control of the offending vehicle, Suresh Kumar, the husband of respondent No. 1, father of respondent Nos. 2 and 3 and son of respondent No. 4 came under its ambit and suffered fatal injuries. Suresh Kumar succumbed to the injuries on spot. A case in this regard came to be registered in police station, Rajouri vide F.I.R No. 245/2015 for commission of offences under Ss. 279/337/304-A RPC. For the loss of their breadwinner, the claimants filed a petition for compensation of Rs.77.00 lacs before the Tribunal. The petition was contested by respondent Nos. 1 and 2, whereas respondent No. 3 was proceeded exparte on 23/1/2016. On the basis of the pleadings of the parties, the Tribunal framed the following issues:-

(3.) The issue Nos. 1 and 2 were held proved in favour of the claimants. The issue No. 3, the onus whereof was on the Insurer, however, was proved against the Insurer. Consequently, the Tribunal, on the basis of the pleadings of the parties and the evidence that had come on record, awarded a sum of Rs.7,92,000.00 as compensation along with interest @ 6% per annum from the date of filing of claim petition till its realization. Both the Insurer as well as the claimants are not satisfied with the award. The Insurer is challenging the award on the ground that it was not liable to indemnify the owner and pay the compensation as the driver of the offending vehicle was not possessed of a valid driving license nor the offending vehicle had valid route permit. The Insurer also assails the award on the ground that the Tribunal has erroneously worked out the compensation payable to the claimants, which is on the higher side. So far as the claimants are concerned, they are seeking enhancement of the compensation through the medium of their cross-objections on the plea that the Tribunal has not followed the principles laid down in the cases of Sarla Verma and ors. Vs. Delhi Transport Corporation and anr; 2009 (3) SC 487 and National Insurance Company Limited Vs. Pranay Sethi and ors.; 2017 (16) SCC 680 and has, thus, committed serious error in working out the loss of dependency. The claimants also seek higher rate of interest on the award amount.