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Judgment
A Fiat Car (WWF-3544) belonged to Mr. Chriest Fulchand Bara, who was residing In Sector VIB of Bokaro Steel City. It was insured under comprehensive policy effective from 26.6.1990 to 25.6.1991 with National Insurance Company Limited.
On 30.6.1990, Mr. Bara in the morning went to attend his duty by the said car and thereafter driver returned back with the car.
On 9.11.1990 appellants filed claim application u/s 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as ''the Act'') for compensation on account of death of Radha Devi, who was dashed by the said Fiat Car, sustained grievous injuries and died after four hours in Bokaro General Hospital.
The accident took place near community centre at Sector VIB. At the time of accident car was being driven rashly and negligently by its driver.
The deceased lady was working as Field Officer in Protective Savings and Finance Limited at Bokaro Steel City and was earning Rs. 2000/- per month as commission. Besides this, she had earnings from private tuition also. She was aged about 39 years. Owner as well as insurer of the car filed separate written statements. Both denied involvement of car in the accident.
PW 1 claimed to be an eye-witness of the occurrence. He has disclosed registration number of the car involved in the accident as WMF-3544.
PW 2 was husband of the deceased. On getting information about the accident, he rushed to the hospital, where his injured wife told him about number of the car as WMF-3544.
PW 3 was son of the deceased. He claimed that he was also returning along with his mother from his aunt''s house and in his presence Fiat. Car (WMF-3544) dashed her mother. He further claimed that her mother was earning Rs. 2000/- per month by way of commission.
Both eye-witnesses stated that the car was being driven rashly and negligently at the time of accident.
Owner of the car examined himself as DW 1 and admitted that in a criminal case filed in respect of accident in question his driver was made an accused. He also stated that police had come to his house and told him that one woman had died in the said accident. He produced the insurance policy, which was marked as Ext. A and driving licence was marked as Ext. C.
In the above circumstance, in our opinion, it was established that Fiat Car of Mr. Bara (WMF-3544) was involved in the accident and its driver was responsible for the accident.
On behalf of claimants a letter of deceased''s appointment as agent of the aforesaid finance company was brought on record, wherein it was mentioned that Radha Devi was appointed as Field Officer and was given a target of collection of Rs. 20,000/-, but rate of commission was not mentioned therein. No document was filed to show that deceased ever received any commission from the Company. It was, therefore, observed that in such circumstance it was difficult to hold that she was earning Rs. 2000/- per month by way of commission, and it was observed that her monthly income was to be assessed on the basis of wages paid to an unskilled labourer. However, without going into this matter any further the claimant''s entitlement the compensation was negatived on the ground that they failed to establish that Radha Devi actually died in the motor accident on being dashed by a Fiat Car, bearing registration No. WMF-3544 and that too due to rash and negligent driving of the said vehicle.
Taking into account earnings of the deceased as unskilled worker, her monthly income comes to Rs. 780/-. Thus annual dependency excluding 1/3rd amount towards her personal expenses as calculated at Rs. 6240/- and on applying 10 multiplier thereto, total amount of compensation comes to Rs. 62400/-. Owner of the vehicle is liable to pay the amount to the claimants by way of compensation under the Act and the vehicle in question being insured at the relevant time, the insurer is responsible to indemnify the owner''s aforesaid liability and pay the compensation amount to the claimants. Claimants are also entitled to get interest @9% per annum from the date of this order till payment.
In the result, this appeal is allowed, but without costs.