Punjab-Haryana High Court
National Insurance Co. Ltd vs Kamaljit Kaur And Others on 11 March, 2014
Author: K. Kannan
Bench: K. Kannan
FAO No.4511 of 2003 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO No.4511 of 2003
Date of decision:-11.03.2014.
(1.)
National Insurance Co. Ltd.
......Appellant
Versus
Kamaljit Kaur and others
.......Respondents
(2.)
FAO No.3386 of 2003
Kamaljit Kaur and others.
......Appellants
Versus
Mehar Singh and others
.......Respondents
(3.)
FAO No.260 of 2005
National Insurance Company Ltd.
......Appellant
Versus
Ramji and others
.......Respondents
Sandeep Sethi
2014.03.20 10:51
I attest to the accuracy and
integrity of this document
FAO No.4511 of 2003 -2-
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present: Mr. Neeraj Khanna, Advocate for the appellants in
FAO No.4511 of 2003 and 260 of 2005.
Mr. V. Ramswaroop, Advocate for
respondent Nos.3 and 4 in FAO No.260 of 2005,
for respondent Nos.7 and 8 in FAO No.4511 of 2003
and for respondent No.2 in FAO No.3386 of 2003.
Mr. B.S. Bali, Advocate for
respondent No.1 in FAO No.260 of 2005.
****
K. KANNAN, J. (ORAL)
All the appeals are connected and they arise out of a single accident involving a collision between the tempo carrying buffalos and men and a bus belonging to Delhi Transport Corporation. The accident is said to have taken place, as per the version recorded in the FIR at the instance of a passenger in the tempo truck, when two of the passengers got down from the tempo to tie the rope properly which had been used for tethering the cattle that was being transported in the tempo. The contention was that the bus coming from the opposite direction dashed against the tempo that resulted in death of a person who was sitting in the cabin and caused serious injury resulting in amputation of the leg of one Ramji. The Tribunal found that the accident was not to be the result of any negligent driving of the driver of the bus and awarded compensation on no fault basis. I find the decision of the Tribunal to be erroneous. When there was an eye-witness through Ramji who was an injured- Sandeep Sethi 2014.03.20 10:51 I attest to the accuracy and integrity of this document FAO No.4511 of 2003 -3- claimant itself that the vehicle belong to DTC was driven carelessly to cause the collision and it was also supported by yet another passenger in the tempo Kashmiri Lal, they were literally supporting a statement which was already recorded in the FIR. The Tribunal ought to have found the driver of the DTC to be fully responsible for the accident and must be assessed the compensation in favour of the claimants making the owner of the Delhi Transport Corporation liable.
The deceased whose death gives rise to claim for compensation in FAO No.3386 of 2003 was said to be a driver by profession and he was also said to be doing dairy business to augment his income. There was evidence of a co-passenger that the deceased was also a driver in the same vehicle. I take the average income with the prospect of increase through his dairy operations to be Rs.5,000/- per month and I will assess the compensation taking the age to be 35 years as found in the post mortem certificate. I will make a deduction of 1/4 and apply a multiplier of 16. I will provide also for loss of consortium and loss of love and affection for the children in the manner laid down by the Supreme Court but I will make the aggregate of claim for love and affection for all the children at Rs.2,00,000/- The several heads of claim are tabulated as under:-
Age Accident 25.9.1997 Occupation Driver 32 35 Claimants: Wife, 4 daughters, 1 mother Sandeep Sethi 2014.03.20 10:51 I attest to the accuracy and integrity of this document FAO No.4511 of 2003 -4- Heads of claim Tribunal High Court Sr. No. Amount ` Amount ` 1. Income 2. Add, % of increase 30%/50%/nil 5000 3. Less, Deduction ½, 1/3, ¼, 1/5 01/04/14 4. Multiplicand (annualised by multiplying 12) 3750 5. Multiplier 16 6. Loss of dependence 7,20,000 7. Medical expenses 8. Loss of consortium 1,00,000 9 Loss of love and affection for children 2,00,000 10 Loss to estate 2500 11 Funeral expenses 5000 Total 50000 10,27,500
The total compensation shall be Rs.10,27,500/- and the liability shall be on the Delhi Transport Corporation. The amount shall be distributed amongst the wife, four daughters and mother of the deceased in the ratio of 2:2:2:2:2:1 among the claimants. The mother was already a party and she will have the benefit of increase as well. The appeal in FAO No.3386 of 2003 is allowed on the above terms.
The Insurance Company is in appeal for the insurer for the tempo in appeal in FAO Nos.4511 of 2003 and 260 of 2005. The liability on the insurer of the tempo is erroneous. The liabilities must have been only on the owner of DTC. Consistent with my finding rendered above, the liability cast on the insurer is set aside and the appeals filed in FAO Nos.4511 of 2003 and 260 of 2005 are allowed.
Although it is argued that DTC bus was also insured Sandeep Sethi 2014.03.20 10:51 I attest to the accuracy and integrity of this document FAO No.4511 of 2003 -5- from the same Insurance Company, since there is no proof brought on record, I make the DTC liable for the compensation and it shall be at liberty to work out rights of indemnity or recoveries in the manner contemplated under Section 149 of the Motor Vehicles Act, 1988 if any such policy exists to secure the right of indemnity. All the appeals are allowed as above. The amount assessed shall also attract interest @ 7.5%.
(K. KANNAN) JUDGE March 11, 2014.
sandeep sethi Sandeep Sethi 2014.03.20 10:51 I attest to the accuracy and integrity of this document