1. Heard Sri Ram Singh, learned counsel for the appellant in Appeal No.1135 of 2004, Sri Mritunjay Dutt Tiwari, learned counsel for the appellant in Appeal No.1153 of 2004 and Sri Rajeev Chaddha, learned counsel for the respondents in both the appeals.
2. These appeals have been filed respectively by the Insurance Company and the claimants.
3. Insurance Company in their appeal have raised an issue that Tribunal after recording a categorical finding that the date of validity of the driving license of Harendra, who was driver of the truck insured with Oriental Insurance Company Ltd. was not readable has yet not exonerated the Insurance Company and has fastened liability on the Insurance Company.
4. Sri Ram Singh, learned counsel supports the award and submits that claimants have filed this appeal to seek enhancement, inasmuch as, incorrect deduction has been made. Reduction should have been 1/4 in place of 1/3, as has been made by learned Claims Tribunal.
5. Claimant was aged about 40 years, as per the post mortem report and, therefore, there will be addition of 25% under the future prospects. Similarly, meager amount have been awarded under the head of non-pecuniary compensation, which needs to be enhanced suitably and in place of multiplier of 16 applied by the Tribunal, multiplier of 15 will be applicable under the facts and circumstances of the case.
6. As far as appeal filed by the Insurance Company is concerned, learned Tribunal in its award, while deciding issue nos.2 and 3 has categorically discussed that deceased Munna Lal was driver on truck no.U.P.-42-B-0370 and from his cabin his driving license, national permit, insurance was recovered, whereas, Harendra Kunwar was driving truck bearing Registration No.M.P.-23-D/9157 from cabin of which, national permit, insurance and driving license of Harendra bearing No.DL No.WB-11-000709 was recovered. Tribunal recorded a finding that name of Harendra Kunwar is mentioned on the driving license, but from the said document, date of validity is not clear. It has also recorded a finding that a criminal case has been registered against the truck driver, charge sheet was filed in the court, copy of which is document no.18-Ga/9 and documents filed along with the charge-sheet also demonstrates that at the time of the incident, drivers of both the vehicles were having license; in such fact situation, onus was on the Oriental Insurance Company to have produced a report from the competent licensing authority to dispute that the license issued in favour of Harendra was not valid on the date of the accident.
7. In view of such fact, when Insurance Company has failed to prove that Harendra was not having a valid driving license, their appeal is bound to fail and is dismissed as there is no infirmity in the impugned award treating Harendra to possess a valid driving license at the time of the accident.
8. As far as appeal of claimants is concerned, Tribunal has considered income of the deceased at Rs.1666/- per month or Rs.19992/- per annum for an accident, which took place in May, 1997. As claimant was admittedly aged about 35 to 40 years of age, there will be addition to the tune of 40% towards future prospects taking annual dependency to Rs.27,988.80/-. Since, age of the deceased has been accepted to be 40 years, multiplier of 15 will be applicable in place of 16, taking total pecuniary compensation to Rs.4,19,832/-(four lakhs nineteen thousand and eight hundred thirty two). Over and above which, claimants are entitled to a sum of Rs.70,000/- under the head of non-pecuniary compensation taking total compensation to Rs.4,89,832/-(four lakhs eighty nine thousand and eight hundred thirty two) against a sum of Rs.3,26,872/-(three lakhs twenty six thousand and eight hundred seventy two) awarded by learned Claims Tribunal. Therefore, there will be an enhancement to the tune of Rs.1,62,960/-(one lakh sixty two thousand and nine hundred sixty), which will also carry interest @ 8%, as has been awarded by learned Claims Tribunal.
10. In above terms, both the appeals are disposed off.
9. Record of the Tribunal be sent back forthwith.
Order Date :- 9.2.2021 Ashutosh