- (1.) The present bunch of Appeals has thrown up an interesting but complex proposition of law. This judgment shall dispose of the present bunch of First Appeals (FAO's) preferred by the Insurance Companies against the awards passed by the Ld. MACT's in different claim petitions arising out of respective motor vehicular accidents. It needs to be highlighted that though the awards are separate, having been passed by various MACT's, a common question of law was raised before this Court.
(2.) Accordingly, the Court deemed it appropriate to dispose off all the FAO's raising a similar question of law, through a common judgment. However, the judgment is being delivered in FAO No. 589 of 2010 (Oriental Insurance Company Limited vs. Saroj Devi and others).
(3.) Before proceeding with the discussion, a brief resume of the FAO's being disposed off by this common judgment would be relevant. FAO No.589 of 2010 The Insurance Company has preferred the present appeal against the impugned Award dated 30.10.2009, passed in MACT case No.115 of 2007, by the learned Motor Accident Claims Tribunal, Bhiwani. In this case, death of ASI Rajender Singh occurred in a motor accident on 21.6.2007. Rajender Singh was Assistant Sub Inspector in Haryana Police and his gross salary was Rs.14,740/- per month as per Ex.P14, at the time of death. At the time of his death, he was about 43 years of age as per Ex.P15. The claimants i.e. wife, daughter and father filed a claim petition, which was allowed by the learned Tribunal vide impugned Award dated 30.10.2009 and awarded the following amounts: 1. Compensation on account of loss of dependency @ Rs.60,000/- per annum (dependency taken as Rs.5000/- per month) with multiplier of 14 Rs.8,40,000/- 2. Compensation on account of transportation of dead body and last rites Rs.5,000/- Total Rs.8,45,000/- FAO No.590 of 2010 The Insurance Company has preferred the present appeal against the impugned Award dated 30.10.2009, passed in MACT case No.85 of 2007, by the learned Motor Accident Claims Tribunal, Bhiwani. In this case, death of HC Satbir Singh Singh occurred in a motor accident on 21.6.2007. Rajender Singh was Head Constable in Haryana Police and his gross salary was Rs.10,563/- per month, as per Ex.P2, at the time of death. At the time of his death, his age was about 42 years. The claimants i.e. wife, daughter, son and father filed a claim petition, which was allowed by the learned Tribunal vide impugned Award dated 30.10.2009 and awarded the following amounts: 1.Compensation on account of loss of dependency @ Rs.60,000/- per annum (dependency taken as Rs.5000/- per month) with multiplier of 14Rs.8,40,000/- 2. Compensation on account of transportation of dead body last rites and consortium etc. Rs. 5,000/- Total Rs.8,45,000/- FAO No.591 of 2010 The Insurance Company has preferred the present appeal against the impugned Award dated 30.10.2009, passed in MACT case No.87 of 2007, by the learned Motor Accident Claims Tribunal, Bhiwani. In this case, death of Raje Ram occurred in a motor accident on 21.6.2007. Raje Ram was a Sanskrit Teacher in Govt. Girls High School, Duloth Ahir and his gross salary was Rs.23,405/- per month, as per Ex.P23, at the time of death. His age was about 55 years. The claimants i.e. wife, son, daughter and father filed a claim petition, which was allowed by the learned Tribunal vide impugned Award dated 30.10.2009 and awarded the following amounts: 1. Compensation on account of loss of dependency @ RS.96,000/- = annum (dependency taken as Rs.8000/- per month) with multiplier of 9 Rs.8,64,000/- 2. Compensation on account of transportation of dead body last rites and consortium etc. Rs. 5,000/- Total Rs.8,69,000/- Rounded off Rs.8,70,000/- FAO No.4710 of 2010 The Insurance Company has preferred the present appeal against the impugned Award dated 7.1.2012, passed in MACT case No.202 of 2009, by the learned Motor Accident Claims Tribunal, (FTC), Karnal. In this case, death of HC Satbir Singh occurred in a motor accident on 16.7.2007. Satbir Singh was a Conductor in Haryana Roadways and his carry home was Rs.10226/- per month, as per Ex.P3, at the time of death. His age was about 50 years. The claimants i.e. wife, two sons and one daughter filed a claim petition, which was allowed by the learned Tribunal vide impugned Award dated 7.1.2010, and awarded a sum of Rs.11,14,926/-. FAO No.2304 of 2011 The Insurance Company has preferred the present appeal against the impugned Award dated 21.8.2010, passed in MACT case No.69 of 2009, by the learned Motor Accident Claims Tribunal, Hisar. In this case, death of Narender Pal occurred in a motor accident on 14.10.2008. Narender Pal was a Government JBT Teacher in Haryana Education Department and his carry home salary after deduction was Rs.9760/- per month, as per Ex.P2, at the time of death. His age was about 36 years. The claimants i.e. wife, daughter, son and parents filed a claim petition, which was allowed by the learned Tribunal vide impugned Award dated 30.10.2009 and awarded a sum of Rs.20,76,400/- (14640 (average salary) x 3/4 th (dependency) x 12 x 15 (multiplier) + 10000( conventional heads). FAO No.1490 of 2010 The Insurance Company has preferred the present appeal against the impugned Award dated 22.12.2009, passed in MACT case No.114 of 2007, by the learned Motor Accident Claims Tribunal, Karnal. In this case, death of Constable Sanjeev Kumar occurred in a motor accident on 9.5.2007. Sanjeev Kumar was Constable in Haryana Police and his gross salary was Rs.8472/- per month and carry home salary was Rs.7862/- per month, as per Ex.P1, at the time of death. His age was about 28 years. The claimants i.e. parents and two minor sons filed a claim petition, which was allowed by the learned Tribunal vide impugned Award dated 22.12.2009 and awarded a sum of Rs.17,33,000/- . MAIN ISSUE The legal issue before the Court is regarding the measure of compensation that an insurance company or an owner is required to pay, in case of a death having been caused by the use of a motor vehicle in a public place, in the face of a compassionate assistance policy formulated by the State (State of Haryana) which enables the claimants i.e. deceased's family, to tide over the financial crisis, resulting from the death of the earning member, by providing full salary for a certain number of years (which is determined by the age of the deceased government employee) followed by family pension for the remainder term.;