MILAP CHANDRA JAIN,J. - (1.) THESE two appeals have been filed against the judgment of the learned Judge, Motor Accidents Claims Tribunal, Jaipur, dated 17.6.1989, awarding Rs. 69,000/ - as compensation to the claimants against the Oriental Insurance Co. Ltd. (in short 'insurance company') and the driver, Sharat Chandra Mittal. The Appeal No. 341 of 1989 has been filed by the claimants for the enhancement of the amount of compensation and for passing award also against the Life Insurance Corporation of India (in short 'LIC'). The Appeal No. 491 of 1989 has been filed by the insurance company for setting aside the award passed against it.
(2.) THE facts of the case giving rise to these appeals may be summarised thus. On 16.6.1982, the deceased Ram Kishan Mittal, Development Officer with LIC, Chandigarh, was going in the Fiat car No. HRM 225 along with his wife, Radha Devi (claimant No. 1), from Jaipur to Narnaul on the National Highway No. 8. The car was being driven by his son, Sharat Chandra (respondent). At about 11.45 a.m., near Kotputli, the car met with an accident and the deceased Ram Kishan Mittal died the same day as a result of the injuries received by him in the accident. On 14.12.1982, claim petition was filed for Rs. 21,05,000/ - by the widow, Radha Devi and his two daughters against the LIC, insurance company and the driver, Sharat Chandra Mittal, with the allegations, in short, that due to rash and negligent driving of the car by its driver, Sharat Chandra Mittal, it met with the accident, the car was owned by the LIC, it was insured with the insurance company, the deceased Ram Kishan Mittal was Development Officer in LIC, Chandigarh, he was getting yearly emoluments of Rs. 77,521/ -, he was an income tax payer, at the time of the accident his age was 49 years, the claimants were fully dependent on him, Rs. 5,000/ - were spent on his treatment and last rites and they are entitled to get Rs. 21,05,000/ - as compensation. In its written statement, the LIC admitted that the accident took place with the said Fiat car on 16.6.1982 near Kotputli, the deceased Ram Kishan Mittal died as a result of the injuries received in the accident, he was Development Officer in its Chandigarh sub -division, the car was being driven by his son, Sharat Chandra Mittal, at the time of the accident and it was insured with the insurance company. The remaining averments of the claim petition have been denied. It has further been averred that the actual owner of the said Fiat car was deceased Ram Kishan Mittal himself and loan was granted to him for the purchase of the said car on the basis of a hire -purchase agreement.
(3.) IN its reply, the insurance company admitted that the car was insured with it, accident took place with the said Fiat car No. HRM 225 on 16.6.1982, deceased Ram Kishan died as a result of the injuries received by him in the accident and it was being driven at that time by Sharat Chandra Mittal. The remaining averments of the claim petition were denied. It has further been averred that the claim petition against it is not maintainable, deceased Ram Kishan Mittal was not a third party, actual owner of the said Fiat car was the deceased himself as his name was also mentioned in its registration certificate, it has been unnecessarily impleaded in the claim petition, the driver Sharat Chandra Mittal was not having driving licence and the claim petition deserves to be dismissed.;