UNITED INDIA INS. CO. LTD. Vs. PREETI SHARMA

JUDGEMENT

(1.) All these CIMAs have arisen out of a common judgment delivered by the Presiding Officer, Motor Accidents Claims Tribunal, Rajouri and involve common question of law as to whether the Insurance Company can be held liable for payment of compensation to the victims of the accident while the vehicle was being driven in breach of the conditions of the Insurance Policy. As common question of law and facts is involved in all these appeals, same have been considered and heard together and are being disposed of by this common judgment. The facts as borne out from the record of these CIMAs are that on 02.02.2007 the offending vehicle, i.e., Mini Bus bearing registration No. 2290/JK02K allegedly carrying about 40 passengers met with an accident and fell into a ditch at Dabbar Mohra, Bassali, Nowshera, while being driven by its driver, namely. Mohinder Kumar, rashly and negligently, as a result of which 8 persons lost their lives and five others sustained grievous injuries. A case vide FIR No. 17/2007 came to be registered at Police Station Nowshera. Legal representatives of deceased passengers as well as injured of the said accident filed as many as 31 claim petitions before the Motor Accidents Claims Tribunal, Rajouri, out of which 13 claim petitions came to be clubbed together by the learned Tribunal. The learned Tribunal decided all these 13 claim petitions by way of common judgment and award dated 20.04.2012, impugned herein, thereby awarding different amount of compensation under different heads in favour of claimants in those claim petitions. Insurance Company being not satisfied with the award has questioned the same by the medium of these thirteen different CIMAs.

(2.) In this case the deceased was an Army personnel and was 35 years of age when he died in the said accident. Last pay drawn by him was Rs. 8150/-. Learned Tribunal while taking into consideration the future prospects of the deceased, took the monthly salary of deceased at Rs. 12,000/- and the annual dependency worked out was Rs. 1,08,000/- after deducting 1/4th of the salary towards the personal expenses of the deceased. While applying multiplier 14, the total loss of dependency worked out by the learned Tribunal was Rs. 15,12,000/-, besides Rs. 5000/- each was also awarded on account of loss of consortium and funeral expenses. Thus, the total compensation awarded in this case was Rs. 15,22,000/- (15,12,000 + 5000 + 5000 along with 6% interest from the date of filing of the claim petition till its realization. A2. File/Claim Petition No. 579/Claim, Joginder Kumar & Ors. v. Subash Chander & Anr.

(3.) In this case the deceased was stated to be an Anganwari Worker and was also helping the family in agriculture activities. She was 40 years of age at the time of said accident and was getting Rs. 700/- per month as wages. Learned Tribunal while taking into consideration that she was discharging her duties towards her family right from morning till evening and was also helping the family, took the monthly income of deceased at Rs. 3000/- and the annual dependency worked out was Rs. 27000/- after deducting 1/4th of the income towards her personal expenses. While applying multiplier 14, the total loss of dependency worked out by the learned Tribunal was Rs. 3,78,000/-, besides Rs. 5000/- each was also awarded on account of loss of consortium and funeral expenses. Thus, the total compensation awarded in this case was Rs. 3,88,000/- (3,78,000 + 5000 + 5000) along with 6% interest from the date of filing of the claim petition till its realization.