- (1.) PRADEEP Kant, J. Heard Sri Kuldeep Shanker Amist learned Counsel for the appellant and Sri Ram Singh learned Counsel for the respondents.
(2.) THERE is no dispute between the parties that the permission under Section 170 of the Motor Vehicles Act was not obtained by the appellant before the Tribunal. The appeal has been filed by the Insurance Company, which cannot be permitted to raise any ground which is not covered under the provisions of Section 149 (2) of the Motor Vehicles Act. The challenge is being made on the ground that the vehicle was insured with effect from 28-5-1993 for the period upto 27th May, 1994 but the premium amount was deposited in cash on 31st May, 1993; whereas the accident took place on 29th May, 1993 and, therefore, it cannot be said that on the date of accident the vehicle was duly insured with the Company so as to fasten it with the liability of making the payment to compensate the owner. The vehicle was insured since before and during continuance of the pre-existing insurance policy renewal was made and in any case when the vehicle had been insured with effect from 28-5-1993, it is immaterial that the premium amount was actually deposited on 31st May, 1994. The accident had taken place on 29th May, 1993 and as such it cannot be said that the vehicle was not insured on that date. The next plea, though legally was not permissible to be raised by the appellant, in the absence of permission under Section 170, but even then we have considered the argument that the amount of compensation of Rs. 4,00,000/- has been awarded without making any calculation and without giving any specific reason for the same and, therefore, the said determination is faulty.
(3.) IT is on record and a proven fact the dependence of a sum of Rs. 1,500/- per month of the family on the deceased was there. The deceased was shown to be of 30 years of age on the date of death. Taking his life span into consideration and multiplying the same with 18, which is applicable to the case in question, on calculation the amount comes to Rs. 3,18,000/ -. Besides the deceased has four minor children out of whom one was born after his death. The Tribunal has rightly grant Rs. 4,00,000/ -. We find no illegality in the award of the Tribunal.;