UNITED INDIA INSURANCE COMPANY LIMITED Vs. BELA MARYA

JUDGEMENT

(1.) The appellant-Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act,1988 (hereinafter referred to as "the Act"), against the Award, dated 29th January, 1994, passed by Motor Accident Claims Tribunal, Behrod in Civil Miscellaneous (MAC) Case No. 130/ 92 (34/90) whereby an Award of Rupees 5,96,000/ - was passed in favour of claimant-respondent Nos. 1 to 5. Aggrieved by the said Award the appellant has preferred this appeal.

(2.) Briefly stated, the facts of this case are that on 30th September, 1989 at about 7.00 p.m. late Pareesh Marya was driving his Maruti Van bearing Registration No. DAJ 3013 on Behrod-Sahjahanpur road. A Truck bearing Registration No. DIG 3144 was parked in a stationary position on the national highway near Behrod 1 km. ahead of Neemrana turn. Instead of parking the truck on the footpath its driver had parked the same on the road. Since the parking lights of the truck were not on at that time and also on account of darkness the truck was not visible and as a result of which Maruti Van which was being driven by the deceased-Pareesh Marya hit the truck at its rear portion as a result of which the Maruti Van got badly damaged and driver of Maruti Van died on the spot itself. The deceased got serious injuries which proved fatal and he died on the spot. Thus, this accident occurred on account of the negligence of the truck driver, non-applicant-respondent No. 6 herein. If the truck driver had switched on the parking lights of the truck and had parked the said truck on the foot-path side of the road, then the accident could have possibly been averted.

(3.) In the claim petition the applicants have stated that claimant No. 1 Bela Marya aged 34 years is the wife of the deceased, while claimant No. 2 Udai Marya aged 14 years and claimant No. 3 Ku. Ashvi Marya aged 12 years (both represented through their mother and natural guardian Smt. Bela Marya) are the son and daughter of the deceased-Pareesh Marya respectively, while claimant No. 4 Jaswant Marya and claimant No. 5 Smt. Krishna Marya are the parents of the deceased. The claimants have further stated in the claim petition that the deceased-Pareesh Marya was 38 years of age as on the date of the accident. The deceased was an authorised agent of the Prominent Cement Private Ltd., and was drawing salary of Rs. 2,500/- p.m. and was also getting commission on sales. Monthly income of the deceased was thus stated to be Rs. 9,200/- and it was also stated in the claim petition that the deceased was incurring the monthly expenditure of Rs. 2,000 /- on account of rent of the tenanted premises and a sum of Rs. 600/- per month towards the educational expenses of his son and daughter who were studying in Delhi Public School, Delhi, at the relevant time. Thus, the deceased was a person belonging to a higher middle income class of the society. The father of the deceased was 71 years of age while the mother was 63 years of age and both were hale and hearty. It has been further stated in the claim petition that if the deceased had not met untimely death he would have also lived and worked up to the age of 75 years. On account of accidental death of the deceased a claim of Rs. 18,00,000/- was submitted by the claimants before the Tribunal besides the damages on account of mental agony, pain and sufferings etc. for which an amount of. Rs.1,70,000/- was claimed and thus total amount of Rs.19,70,000/- was claimed by the claimants as compensation.