Punjab-Haryana High Court
United India Insurance Company Limited vs Smt.Jasbir Kaur And Others on 6 March, 2012
FAO No.3153 of 1996 (O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
FAO No.3153 of 1996 (O&M)
Date of Decision: March 06, 2012
United India Insurance Company Limited
... Appellant
Versus
Smt.Jasbir Kaur and others
... Respondents
CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH
Present: Mr.Amit Rawal, Advocate,
for the appellant.
NAWAB SINGH J.(ORAL)
This appeal has been filed by United India Insurance Company Limited challenging the award dated October 01, 1996 of the Motor Accident Claims Tribunal, Ambala (for short `the Tribunal').
2. The facts are these:- On May 17, 1994, Kirpal Kaur, aged 45 years, working as a helper in Milk Plant, Saha died in a vehicular accident near the Milk Plant, Saha on account of negligent driving of truck No.HP-19-1737 (for short `the offending vehicle') by Ismail Molla. The Tribunal awarded compensation in the sum of Rs.1,34,400/- along with interest at the rate of 12% per annum from the date of filing of the claim application till realisation, to the claimants.
3. The Tribunal assessed the income of the deceased at Rs.1000/- per month and after deducting 1/3rd on account of personal living expenses, dependency was assessed at the rate of Rs.700/- per month, that is Rs.84,000/- per annum. Taking into consideration the age of the deceased, multiplier of 16 was applied and total dependency was calculated at Rs.1,34,400/- and awarded as compensation.
4. Learned counsel for the Insurance Company has FAO No.3153 of 1996 (O&M) [2] challenged the award of the Tribunal on two grounds (i) that driver of the offending vehicle was not holding a valid driving license and to support the contention, reliance has been placed upon report of the surveyor (Exhibit R-5) and (ii) that the amount of compensation was assessed on higher side.
5. A perusal of the report (Exhibit R-5) shows that the license which was verified by the surveyor was in the name of one Mohd. Asmal and not Ismail Molla (name of the driver of the offending vehicle). In this view of the matter, Insurance Company failed to prove the license of the driver of the offending vehicle to be a fake document.
6. So far as the amount of compensation of Rs.1,34,400/- is concerned, Kirpal Kaur was working as a helper (unskilled labourer) in Milk Plant, Saha, which is a Public Sector Undertaking, therefore, income at the rate of Rs.1000/- was rightly determined. The multiplier of 16 was also correctly applied after assessing the dependency at Rs.700/- per month after deduction of Rs.300/- towards self living expenses. This being so, the amount of compensation awarded by the Tribunal was just and reasonable, and as such, requires no interference.
7. Hence, the appeal is dismissed.
March 06, 2012 ( NAWAB SINGH ) `gian' JUDGE