PREM BAI BAIRWA Vs. SMEER ALIAS SAMEERUDDEEN

JUDGEMENT

(1.) Instant appeal has been preferred by the appellants-claimants (for short 'the claimants') against the judgment and award dtd. 17/12/2016 passed by Motor Accident Claims Tribunal No.2, Kota (hereinafter referred to as 'the Tribunal') in M.A.C. No.1005/2013, whereby an amount of Rs.5,38,000.00 alongwith interest @ 7.5% per annum from the date of filing of the claim petition was awarded as compensation in favour of the claimants.

(2.) Learned counsel for the claimants submits that the Tribunal wrongly decided the issue No.4 in favour of the Insurance Company and wrongly exonerated the Insurance Company. Learned counsel for the claimants also submits that it is an admitted position that driver was having a license to drive light motor vehicle at the time of accident. As per the judgment of Hon'ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Ltd. reported in 2017 ACJ 2011 a person who possess license to drive light motor vehicle can drive the light transport vehicle having an unladen weight upto 7500Kg. So, finding of the Tribunal regarding issue No.4 be set aside and Insurance Company be made liable to pay the amount of compensation. Learned counsel for the claimants also submits that the Tribunal wrongly assessed the income of the deceased as Rs.3,000.00 per month. Learned counsel for the claimants also submits that deceased was doing masonry work and earning Rs.9,000.00 per month. So, income of the deceased be assessed as Rs.9,000.00 per month. Learned counsel for the claimants also submits that it is an admitted position that deceased was 40 years of age. So, multiplier of 15 should be applied instead of 14. Learned counsel for the claimants also submits that the Tribunal awarded Rs.20,000.00 only each to the claimant Nos.2 to 5 and claimant No.6-Girdhari Lal Bairwa for love and affection, whereas it should be Rs.40,000.00 to each claimants. Learned counsel for the claimants also submits that the Tribunal has not awarded any amount towards future prospects, whereas it should be 25%. So, the judgment and award of the Tribunal be modified.

(3.) Learned counsel for the Insurance Company has opposed the arguments advanced by learned counsel for the claimants and submitted that it is an admitted position that driver did not possess license to drive the transport vehicle. He further submitted that Hon'ble Apex Court has referred the judgment of Mukund Dewangan (supra) to larger Bench. So, the Tribunal rightly exonerated the Insurance Company from its liability to pay the compensation. He further submitted that there was no cogent evidence that deceased was earning Rs.9,000.00 per month. So, appeal be dismissed.