Court No. - 6
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 989 of 2018 Appellant :- Smt. Kamlesh And Another Respondent :- Reliance General Insurance Co. Ltd. And 2 Ors Counsel for Appellant :- Mayank
Hon'ble Ashok Kumar,J. Order on delay application.
Cause shown is sufficient. The delay in filing the present appeal is hereby condoned.
Delay condonation application is allowed.
Order on Appeal.
Heard learned counsel the appellants.
This appeal is filed by the claimants Smt. Kamlesh, wife of late Pramod Kumar (deceased) and a minor child Master Bharat Kumar against the judgment and award dated 18.01.2018 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court no.3, Mathura in MACP No.598 of 2014.
Brief facts of the case are that on 03.07.2014 when the deceased Pramod Kumar was going from his village to M/s Hindustan Engineering College, Farah, Mathura by a motorcycle bearing registration No. U.P.-85AD-1862 at about 01.30 noon on the NH-02 near Madhuban Dhaba, Police Station Farah, District Mathura, a Maruti Van bearing registration No.HR-55F-6073 hited the motorcycle from back as the driver of the Maruti Van was driving the vehicle rashly and negligently in a high speed. On account of the said accident, the victim deceased Pramod Kumar sustained serious injuries and he was rushed to a nearby hospital namely Purushotamdas Savitri Devi Hospital, Agra where during the course of treatment he has declared dead.
A First Information Report was lodged at Police Station Farah and the Panchnama as well as post mortem was done.
At the time of said accident, the age of the deceased was 48 years and it is claimed in the claim petition that at the time of the said accident, the deceased Pramod Kumar was earning a sum of Rs.15,000/- per month while he was in service with one Apex Logistic Company on the post of electrician.
It is further claimed that the deceased was in service at Apex Logistic Company since 2013 only.
The claimants have filed the claim petition by which they claimed a sum of Rs.28,00,000/- towards the compensation.
Learned counsel for the appellants has pressed only issue no.4 as according to the counsel for the appellants while determining the monthly income, the tribunal has committed error in holding the monthly income of the deceased to the tune of Rs.6,000/- per month as against 15,000/- per month was claimed.
Having heard the learned counsel for the appellants and after perusal of the order impugned passed by the Tribunal, this Court has noticed that the Tribunal while arriving at conclusion that monthly income of the deceased of Rs.6,000/- per month is wholly justified by considering the entire material which was placed before it as well as the statement recorded during the course of proceeding of one PW 3, Ramashankar who claimed that he is working in the said M/s Apex Logistic Company as a Supervisor. Though the PW 3 Ramashankar stated in his statement that the deceased has received a sum of Rs.8,266/- for the period between 1st April, 2014 to 15th April, 2014, whereas he has failed to give any information with regard to the education of the deceased, date of appointment or any other details with regard to service record of the deceased.
On the basis of material which was available with the Tribunal, the Tribunal has reached at the conclusion that in fact the deceased Pramod Kumar was working as daily wager in the said M/s Apex Logistic Company, which is a private company and off and on deceased delivered his services.
I have perused the judgment and award passed by the Tribunal and in my opinion the impugned order is fully justified so far as notional income of the deceased is fixed by the Tribunal. No other point is raised by the counsel for the appellants.
In view of the aforesaid, the order of the Tribunal is confirmed. As against the awarded amount of Rs.8,50,000/-, a sum of Rs. 5,00,000/- be disbursed to the claimant no.1 Smt. Kamlesh wife of late Pramod Kumar and balance amount of Rs.3,50,000 be invested by FDR in a nationalised bank which shall be kept intact till the claimant no.2, the minor son of the deceased attained the age of 18 years. The FDR be prepared in the joint name of both the claimants.
The appeal is, accordingly, disposed of.
Order Date :- 24.8.2018 A.Kr.*