ORIENTAL INSURANCE CO. LTD. Vs. NANIA

JUDGEMENT

(1.) THESE two appeals have been filed against the award dt. 2.6.2007 passed by Judge, Motor Accident Claims Tribunal (ADJ Fast Track Court No. 6) Jaipur City in MACT case No. 369 of 2006 whereby the claimants have been awarded compensation in the amount of Rs. 6,50,745/ - for the death of Sarvan. The claimants have filed the appeal for enhancement of compensation whereas the Insurance Company has filed the appeal for quashing the award. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

(2.) BRIEF facts relating to this case are that on 19.6.2005 at about 7.45 the deceased Sarwan was going on Motor cycle as a pillion rider with Lala Ram and when they reached near Shivdaspura Bus Stand and opposite the shop of Ashu Kumawat, a Jeep No. RJ 14 T 4342 which was going ahead of him applied breaks and when the driver opened gate of jeep, the motor cycle collided with the gate of jeep resulting in both of them fell down and sustained grievous injury and one of them Sarwan died. An FIR was lodged and after investigation challan was submitted against the driver of the jeep. The legal representatives of deceased Sharwan Kumar filed a claim petition. The non -claimants 1 and 2 did not appear before the MACT therefore ex -parte proceedings were initiated against them on 8.9.2006. The Insurance Company filed reply and denied the averments made in the claim petition It is stated that the driver of jeep was not having valid and effective license at the time of accident. After recording the statements of the witnesses and hearing both the parties, the claim petition was allowed as mentioned above.

(3.) THE learned counsel for the claimants has argued that the age of the deceased was 32 years and he was a contractor of labour and was working under Tiwari Briks Udyog and was getting Rs. 8,000/ - per month. The income of the deceased was proved by the employer on oath but the MACT did not consider the statement on oath and has wrongly taken the income of the deceased to be Rs. 4500/ - per month. It was prayed that the income of the deceased was to be considered as Rs. 8,000/ - per month and after deducting one third the total computation of income would Rs. 10,88,000 as such the claimants are entitled to get this amount instead of Rs. 6,12,000/ -. The MACT has not taken into consideration future prospects of the deceased. The MACT has erred in awarding meager sum towards medical expenses. The claimants incurred more than Rs. 80,000/ - on the treatment. The interest should have been awarded at the rate of 12% per annum instead of 6 % per annum.