TAJIBAN KHATOON Vs. LAO KUMAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been directed against the order dated 20.12.1994 pronounced by the Honble single Judge in Appeal from Original Order No. 8/1988(R), modifying the judgment dated 29.7.1987, passed by the learned 4th Addl. District Judge -cum -Claims Tribunal, Hazaribagh in Misc. Case No. 25/92.

(2.) THE respondents -Appellants No. 1 and 2 (Tajiban Khatoon and her husband Md. Yunus) filed a claim case for grant of compensation on account of the death of their son Zasikuddin Ansari. Their son was driver of taxi No. BHM 9039, belonging to opposite party -respondent No. 1, Lao Kumar. While he was returning home on 26.1.1982 the said vehicle dashed against the tree by the side of the road, as a result of which he succumbed to his injury. The claimants pleaded that their son was getting salary of 1100/ - per month and the vehicle was insured with opposite party -appellant -respondent No. 2, New India Assurance Co. Ltd., Malviya Marg, Hazaribag. The Insurance Company as well as the owner took the plea in their favour by filing the written - statement. The opposite party - respondent No. 1, Lao Kumar, owner of the vehicle took the plea that the deceased was his employee but the vehicle was insured with New India Assurance Co., who is liable to pay the entire compensation amount. On the other hand, the Insurance Company took the stand that the claim of the claimants is not maintainable as the details of the accident have not been given in the claim petition. On consideration of the claim of the petitioner, the Claim Tribunal awarded a sum of Rs. 1,12,000/ -as compensation to the claimants. As the insurance was comprehensive hence the entire compensation was directed to be paid by the Insurance Company. The Insurance Company had admitted that the vehicle in question was covered by a comprehensive insurance. But the Honble single Judge after considering the liability of the appellant -Company in M.A. No. 8/1988 @ fixed the liability of the New India Assurance Company up to Rs. 50.000/ - out of the total has awarded a sum of Rs. 1.12.000/ - taking into consideration the income of the deceased and taking multiplier for every person by sixteen which was calculated to Rs. 1.12.000/ -. As the deceased was getting Rs. 1100/ - per month as salary out of which Rs. 500/ - was deducted towards the cost and expenditure incurred by the deceased and the remaining sum of Rs. 600/ - per month is to be contributed to the family. Thus the yearly income of the family of the deceased was calculated by the Claim Tribunal to be Rs. 7,000/ -. The said amount was multiplied by sixteen which is average multiplier for every person. Thus the total amount comes to Rs. 1,12,000/ -. As the insurance was comprehensive hence the entire amount with 12% interest, per annum was directed to be paid by the New India Insurance Company, Hazaribagh Branch.

(3.) IT is admitted fact that the vehicle was covered by comprehensive insurance hence the liability as fixed by the Honble single Judge, calculating the total compensation of Rs. 1,00000/ - out of which Rs. 50,000/ - has to be paid by opposite party -respondent No. 1 and only Rs. 50,000/ -was paid by the opposite party No. 1 and similar amount of Rs. 50,000/ - to be paid by opposite party - appellant -respondent, New India Assurance Company, seems to me to be an error as when there was comprehensive insurance polic, the entire amount should have to be paid by the New India Assurance Company. Even if any amount was paid by the owner of the vehicle, opposite party -respondent No. 1, Lao Kumar, that has to be redeemed by the New India Insurance company.