UNITED INDIA INSURANCE CO Vs. SHYAM KANWAR

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This appeal is against the award dated 6.12.2003 passed by the Motor Accidents Claims Tribunal, Pali in M.A.C.T. Case No. 89 of 2002. Tribunal allowed the claim petition of claimants under section 163-A of Motor Vehicles Act, 1988 and awarded compensation of total Rs. 3,80,333 with interest at the rate of 9 per cent per annum to the claimants, dependants and legal heirs of the deceased Bheem Singh, who died in the accident occurred on 6.5.2002. Bheem Singh himself was driver of the bus No. RJ 22-P 0175. The Tribunal held that claimants proved the income of the deceased at Rs. 3,000 per month as there is no evidence in rebuttal. The Tribunal also held that deceased was of the age of 43 years for which the Tribunal relied upon Exh. A1, driving licence.

(3.) Learned counsel for the appellant vehemently submitted that as per subsection (2) of section 163-A, the claimants were given exemption to plead and establish the wrongful act or neglect or default of the owner of the vehicle, but this does not mean that claimants are not required to plead and prove the rash and negligent driving or wrongful act or neglect of the driver of the vehicle. It is also submitted that in this case, the deceased himself was driver of the vehicle, therefore, the claim petition should have been dismissed by the Tribunal. The learned counsel for the appellant also submitted that the Tribunal wrongly arrived at a decision about the age of the deceased Bheem Singh.