Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3194 of 2018 Appellant :- M/S Tata AIG General Insurance Company Ltd.
Respondent :- Smt. Maya Devi And 3 Others Counsel for Appellant :- Pranjal Mehrotra
Hon'ble Ashok Kumar,J.
Heard Sri Pranjal Mehrotra, learned counsel for the appellant.
This appeal under Section 173 of Motor Vehicles Act, 1988, has been filed by the Insurance Company against the judgment and award dated 28.04.2018 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.10, Moradabad in Motor Accident Claim Petition No.192 of 2014 by which the Tribunal has awarded a sum of Rs.4,98,600/- plus interest at the rate of 7% per annum.
The brief facts of the case are that the deceased was going on the left side of the road on motorcycle bearing registration no. U.P.-21AA-1193 towards Moradabad when a mini truck bearing registration No.U.P. 11T-7461 had dashed the motorcycle from the back side in which the deceased has received serious injuries and thereafter he was hospitalised in Cosmos Hospital where he died on 16.08.2013. The deceased was an agriculturist and was also indulged in dairy business. He was earning a sum of Rs.8000/- per month.
The tribunal has considered the entire issues and has arrived at a conclusion that motorcycle in question was going on the left side and the mini truck has dashed the motorcycle from wrong side.
The first information report was lodged by the person who was plying the motorcycle, whereas the deceased was sitting on back seat. The incident took place due to rash and negligent driving by the driver of truck. Since mini truck in question was ensured with the appellant Insurance Company, the Tribunal has fixed the liability at the hands of the Insurance Company.
Having heard the learned counsel for the appellant and after perusal of the impugned judgment, I find that the impugned order of the Tribunal is justified as the Tribunal has considered that the accident took place on 14.08.2013 at 10 A.M. in the morning and the first information report was lodged immediately after the said accident, in which the son of the claimant no.1 Chaman Singh son of Kallu Ram Singh sustained serious injuries and thereafter he died.
I have also considered that though the claimants have claimed that the deceased was earning a sum of Rs.96,000/- per annum whereas the Tribunal has arrived at the conclusion that deceased was earning a sum of Rs.36,000/- per annum applying the relevant method as has been held by the Hon'ble Supreme Court in the case of Sarla Verma and others vs. Delhi Transport Corporation and another, (2009) 6 SCC 121. The Tribunal has arrived at conclusion that the claimants are entitled to get a sum of Rs. 4,98,000/- towards compensation and interest at the rate of 7% per annum.
In view of the aforesaid, there is no illegality in the impugned order of the Tribunal. The order of the Tribunal is confirmed. The appeal is rejected. The appellant company is directed to make entire payment to the claimant no.1 who is the mother of the deceased.
The statutory amount, if any, deposited before this Court shall be remitted back to the Tribunal which shall be liable to be adjusted towards deposit to be made by the appellant.
Order Date :- 31.7.2018 A.Kr.*