- (1.) The United India Insurance Company has filed the instant appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the award dated 11.11.2005, passed by the Motor Accident Claims Tribunal, Nawanshaher (for brevity, 'the Tribunal'). It has been found that the accident was caused on account of rash and negligent driving of offending scooter bearing Registration No. PB-20-6903, which at the time of accident was being driven by Arvind Chopra, respondent No. 6. The scooter has also been found insured with the appellant Insurance Company. The carry home salary of the deceased has been assessed at Rs. 6,947 as he was working as a Wireless Operator in the Telecommunication Wing of the Punjab Police. His gross salary was Rs. 9,710 and his age at the time of death has been found to be 33 years. The number of claimants in this appeal is 5. A multiplier of 13 has been applied. On the aforementioned basis (Rs. 6473 x 12 = Rs. 77,676 x 13) the total amount comes to Rs. 10,09,788. Rs. 10,000 has been awarded as the funeral expenses. It has further been found that the appellant Insurance Company has failed to discharge onus of proving any legal infirmity in the driving licence of the driver Arvind Chopra, respondent No. 6.
(2.) Having heard the learned Counsel at a considerable length, we are of the view that this appeal is liable to be dismissed because the accident has been found to be the result of negligent driving of Arvind Chopra, respondent No. 6 and it has resulted in the death of Pawan Kumar. The salary has been correctly assessed and multiplier of 13 has also been applied correctly. The insurance policy (Ex. P-5) clearly shows that it was to remain in operation from 17.4.2002 to 16.4.2003. The accident had occurred on 9.9.2002 when the policy was very much in operation. Even the appellant Insurance Company has failed to produce any evidence with regard to any legal defect in the driving licence despite the fact that it was disclosed that the driving licence was issued by the Licensing Authority, Hoshiarpur. Consequently, the appeal fails and the same is dismissed.;