- (1.) HEARD learned counsel for the appellant.
(2.) THE instant appeal has been preferred by the appellant, Shriram General Insurance Company Ltd., against the judgment and award dated 18.10.2013 passed by the learned Judge, Motor Accident Claims Tribunal, Barmer whereby the learned Tribunal awarded a sum of Rs.10,04,933/ - to the claimants/respondents no.1 to 5 as compensation, the liability whereof was distributed jointly and severally on the insurer, owner and driver respectively of the offending vehicle. Shri Vinay Kothari, learned counsel for the appellant, has challenged the award on two grounds viz., 1. The compensation is excessive and the same deserves to be reduced ; and 2. The deceased himself contributed to the accident to a substantial extent and thus, the compensation deserves to be reduced by applying the principle of contributory negligence.
(3.) I have heard the arguments advanced at the bar and perused the impugned judgment & award. The claimants in their claim application specifically pleaded that the deceased was working as driver when he expired in the accident. His income was claimed to be Rs.8,000/ - per month. Pema Ram appeared as P.W.1 on behalf of the claimants and specifically deposed that the deceased was engaged as a driver of the Truck No.RJ -19 -GA -2029 and was receiving a monthly salary of Rs.8,000/ - in addition to the other allowances. A total of Rs.29,76,000/ - was claimed under the head of loss of income. The driving license of the deceased was exhibited before the learned Tribunal. The learned Tribunal relied upon the decision rendered by this Court in the case of National Insurance Co. Ltd. vs. Smt. Sharda & Ors. where the income of the deceased, a bus driver, was approved at Rs.6,750/ - per month. In the opinion of this Court, the learned Tribunal has already taken a restrictive view by refusing to accept the averment regarding the monthly income of the deceased as being Rs.8,000/ - per month. The learned Tribunal, despite the income certificate Ex.20 proved on record held the income of the deceased as Rs.5,000/ - per month only. The driving license of the deceased was valid for driving a transport vehicle. Thus, the fact regarding the deceased earning his livelihood by working as a driver on a truck was rightly held proved by the learned Tribunal.;