BHAGWANA RAM Vs. PAPPU DEVI

JUDGEMENT

(1.) Appellant-owner has preferred this appeal under section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') challenging judgment and award dated 28.10.2013, passed by Motor Accident Claims Tribunal-I, Jodhpur (for short, 'learned Tribunal'). The learned Tribunal, while quantifying and awarding compensation to the respondent-claimant, has directed the Insurance Company to pay the awarded sum to claimants first and then recover the same from owner of the offending vehicle.

(2.) The facts, apposite for the purpose of this appeal, are that at about 05:30 pm on 25.06.2009, when deceased Isha Ram @ Oma Ram was traveling towards Tinwari as a pillion rider on motorcycle, it was hit by Bolero Camper No.RJ-15-GA-0238, which was being driven rashly and negligently by its driver Girdhari Ram and due to the said accident Isha Ram @ Oma Ram died during treatment. As per version of the respondent-claimants, at the time of accident deceased was 30 years old and was earning Rs. 10,000.00 per month. In the claim petition, respondent-claimants quantified total amount of compensation to the tune of Rs. 55,45,000.00 under different heads. The claim petition was contested by Insurer and it was pleaded on its behalf that the insured had violated the terms and conditions of insurance policy.

(3.) Learned Tribunal, on the basis of pleadings, settled four issues for determination. For substantiating the claim of respondent-claimants, two witnesses appeared in the witness box, besides tendering 11 documents. The non-claimants examined one witness and tendered 3 documents. Learned Tribunal decided Issue No.2 relating to rash and negligent driving of insured vehicle in favour of the claimants. While adverting to Issue No.3, learned Tribunal has partly allowed the same in favour of insurer. Learned Tribunal has found that at the time of accident, the driver of offending vehicle was not in possession of a valid driving licence to ply heavy goods vehicles, as such directed the insurance Company to first pay compensation amount to the claimants and then recover the same from owner of the offending vehicle. While switching on to Issue No.4, the learned Tribunal worked out compensation for loss of dependency to the tune of Rs. 8,73,000.00 (Rupees Eight Lakhs Seventy Three Thousand only).