- (1.) CM No.202-CII of 2011 1. For the reasons set out in the application, the same is allowed and delay of 32 days in filing the appeal is condoned. FAO No.31 of 2011
(2.) This is the claimants' appeal seeking enhancement of the compensation allowed to them vide award dated 05.06.2010 passed by the Motor Accident Claims Tribunal, S.A.S. Nagar, Mohali (here-in-after referred to as the Tribunal).
(3.) A petition under Section 163-A of the Motor Vehicles Act was filed seeking compensation for the death of Parmod Kumar. The parents were claiming compensation for the death of their unmarried son. The accident had taken place on 11.11.2008. The Tribunal took the income of the deceased at Rs.3,300/- per month made deduction of half towards personal expenses. Keeping the age of the parents into consideration, applied the multiplier of 11 and calculated the loss to be Rs.2,17,800/-. A sum of Rs.2,000/- was added towards funeral expenses. An award of Rs.2,19,800/- was passed. The insurance company are seeking their discharge as the claim against the driver was withdrawn and the owner failed to appear and the driving licence was not produced by the owner and therefore, the liability could not be placed upon them. The issued was examined at length and it was held that it was the duty of the insurance company to prove that the driver did not have a valid and effective driving licence and they could not be exonerated.;