The New India Assurance Company Limited v. Paramjit Kaur & Ors.

CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present:- Mr. R.C. Kapoor, Advocate for the appellant-New India Assurance Company Ltd. JASWANT SINGH J.(Oral) The Insurance Company has filed the present appeal praying for setting aside the Award dated 26.11.2008 passed by Motor Accident Claims Tribunal (Adhoc), Patiala whereby allowing the claim of the respondents-claimants under Section 163-A of the Motor Vehicle Act, 1988 (for short the 'Act') on account of the death of Satwinder Singh. Learned Motor Accident Claims Tribunal has awarded a sum of Rs.428000/- along with interest @ 6% per annum from the date of claim petition i.e.

29.03.2007 till realization amongst six dependents-claimants on proportionate basis, as stated in the impugned award. The Insurance Company along with the driver and owner have been jointly and severely held liable to pay the said amount. Learned counsel for the insurance company assails the award on the ground that the claim petition under Section 163-A of the Motor Vehicles Act was not maintainable as there was sufficient evidence available on record in the shape of the statements of PW1 Paramjit Kaur widow of the deceased Satwinder Singh and PW2 Jeet Singh co-villager, FAO No. 978 of 2009 -2- who had asserted that the income of the deceased was Rs.6000/- per month as he earned Rs.3000/- per month from the job of driver and electrician and another Rs.3000/- per month by working in the workshop of his father. It is not disputed by the learned counsel for the appellant that in the claim petition, filed by the claimants, it was pleaded that the income of the deceased Satwinder Singh was Rs.3000/- per month. It is apparent from the impugned award that the learned Motor Accident Claims Tribunal did not rely on the evidence of the PWs Paramjit Kaur and Jeet Singh to held that the income of the deceased was Rs.6000/- per month. Learned Tribunal has held that it has not been proved that the deceased was working in the workshop of his father or was selling milk or was working as driver or electrician so as to held that he was earning Rs.6000/- per month. In such circumstances, the learned Tribunal has taken the income of the deceased as Rs.3000/- per month. After deducting one-third from his income, the monthly dependency of the deceased has been taken to be Rs.2000/- per month and as such assessed the total amount of compensation to be as Rs.428000/- by adopting the multiplier of 17, keeping in view the age of deceased i.e. 32 years. Keeping in view the facts of the present case and the amount of compensation, which in the opinion of the Court is just and equitable. No ground for interference is made out. Dismissed in limnie. February 20, 2009 (JASWANT SINGH) JUDGE