Harman vs Jai Singh And Ors

The claimant-appellant Harman has approached this Court by way of this appeal under Section 173 of Motor Vehicles Act for assailing the judgment-cum-award dated 07.07.2003 passed by the learned Motor Accident Claims Tribunal, Sojat Camp, Jaitaran in M.A.C. No.121/98 whereby the claim application filed by the claimant-appellant was partly allowed and he was awarded damages to the tune of Rs.49,225/- for the injuries received by him in a road accident which took place on 11.11.1997 near the Village Sendra, District Pali.

While passing the award, the Tribunal held the respondent No.1 Jai Singh and respondent No.2 Lokendra Singh (Driver and Owner respectively of the offending vehicle i.e., Truck No.DL-1/GB-1117) responsible to satisfy the award. The respondent No.3 Insurance Company was exonerated holding that the insurance cover was valid only till 17.03.1997 whereas the accident took place on 11.11.1997.

No one has appeared to oppose the appeal on behalf of respondent No.2 Lokendra Singh, being the registered owner of the offending vehicle and the respondent No.3 - United India Insurance Co. Ltd. The Driver of the offending vehicle Jai Singh passed away during the pendency of the appeal.

I have given my thoughtful considerations to the submissions advanced at bar and have gone through the impugned award.

Having examined the impugned award in light of the material available on record, this Court is of the firm opinion that the learned Tribunal was absolutely justified in exonerating the respondent non-claimant Insurance Company from the liability of the damages because the insurance cover of the offending vehicle was valid only till 17.03.1997 and the accident took place on 11.11.1997. Thus, as on that date, the vehicle was not insured.

The appellant received simple and grievous injuries in the accident. The Tribunal assessed the damages at Rs.49,225/-. By applying the relevant principles for assessing the damages, I find that the claim of the appellant has to be evaluated in the following manner:

S.No

Particulars

Amount

1.

Compensation towards medical and treatment expenses

Rs.3225/-

2.

Compensation towards healthy diet

Rs.2000/-

3.

Cost of attendant

Rs.1000/-

4.

Loss of income

Rs.3000/-

5.

Compensation towards mental and physical agony for the injuries suffered in the accident

Rs.50,000/-

6.

Permanent disability of 32% certified by the doctor

Rs.48000/-

Total awardable damages

Rs.107225/-

Amount awarded by Tribunal

Rs.49,225/-

Enhanced amount

Rs.58000/-

The claimant-appellant shall be entitled to interest at the rate of 7.5% per annum on the enhanced amount from the date of filing of the claim petition till realization.

The appeal is allowed in these terms. Record be returned to the learned tribunal forthwith.