Nasir vs Manju & Others

Sudhanshu Dhulia, J

This appeal from order arises out of the award dated 30.11.2009 passed by the Motor Accident Claims Tribunal, Haridwar in M.A.C.T Case No.73 of 1995, whereby the learned Tribunal has awarded a compensation of Rs.4,47,000/- (Rupees Four Lakh Forty Seven Thousand Only) along with interest of five percent and the liability to pay the compensation has been fixed upon the driver/owner of the vehicle, who is the appellant before this Court.

Brief facts of the case are that on 24.10.1995 at about 06:00 P.M., Tarachand (deceased) was going from Roorkee to "Imlikheda" on his scooter bearing registration No. DHU 215. When he reached near the shop of "Mooldaan Mistri" at village "Nagal", the driver of Matador No.DIL 6736 while driving the vehicle rashly and negligently dashed the scooter of Tarachand, as a result of which he sustained injuries and he died due to the injuries sustained by him in the said accident.

A claim petition was filed on account of death of Tarachand by his widow and the minor children, claiming a compensation of Rs.17,00,000/- (Rupees Seventeen Lakh Only). It was alleged in the claim petition that the deceased was aged 36 year of age. He was doing work as motor mechanic and was earning an income of Rs.4,000/- (Rupees Four Thousand Only) per month. The deceased was the sole bread-winner of the family.

The written statements were filed on behalf of the respondents denying the averments made in the claim petition.

On the basis of the pleadings of the rival parties, the learned Tribunal framed the following issues:

"1. Whether the defendant/respondent no.1 was driving Matador No.DIL 6736 rashly and negligently and it hit the scooter of the deceased Tarachand on 24.10.1995 at about 06:00 p.m., as a result of which Tarachand sustained grievous injuries and passed away on the spot?

Whether Moolchand Mittal had sold the vehicle in question DIL 6736 dated 17.3.1993 to Atar Singh, which was subsequently sold by him to Nasir Ahmad and whether the information with regard to sale was given to the R.T.O.?

Whether the respondent no. 4 has been made a party in the case unnecessarily?

Whether respondent Naseer was the registered owner of Matador No. DIL 6736 on 24.10.1995?

Whether the claimants are entitled for any compensation? If yes, then to what extent and from which of the respondent?

Whether at the time of technical inspection of the vehicle, the number of vehicle, engine number and chassis number were recorded in technical inspection register? If not, then its effect?

While deciding issue no.1, the learned Tribunal recorded a categorical finding that the accident was caused by Nasir, who was the driver and owner of the vehicle in question who was driving the vehicle rashly and negligently, as a result of which the accident occurred and the deceased sustained injuries and died on the spot.

So far as issue nos. 2, 3 & 4 are concerned, the learned Tribunal came to the conclusion that on the date of accident i.e. 24.10.1995, Naseer was the owner and driver of the vehicle i.e. Matador No. DIL 6736. These findings are based on the documentary evidence placed before the Tribunal.

While deciding the amount of compensation, the learned Tribunal determined the notional income of the deceased as Rs.3,000/- (Rupees Three Thousand Only) per month i.e. Rs.36,000/- (Rupees Thirty Six Thousand) per annum. Out of this amount, keeping in view the number of dependents on the deceased, the learned Tribunal has deducted one-fifth of the amount towards personal expenses and has thus fixed the annual income of the deceased as Rs.28,800/- (Rupees Twenty Eight Thousand Eight Hundred Only) for the purpose of compensation. Thereafter the learned Tribunal applied the multiplier of 15 and thus calculated the compensation of Rs.4,32,000/- (Rupees Four Lakh Thirty Two Thousand Only). Apart from this, a compensation of Rs.5,000/- (Rupees Five Thousand Only) towards funeral expenses and Rs.10,000/- (Rupees Ten Thousand Only) towards loss of consortium and mental agony have been awarded by the learned Tribunal. Thus a total amount of Rs.4,47,000/- (Rupees Four Lakh Forty Seven Thousand Only) along with an interest of 5% from the date of filing of the claim petition has been awarded as compensation by the learned Tribunal.

Aggrieved, by the award passed by the learned Motor Accident Claims Tribunal, Haridwar, the driver/owner of the vehicle has filed the present appeal from order before this Court.

This Court finds no anomaly in the award passed by the learned Tribunal and in view of this Court the compensation awarded by the learned Tribunal is just under the facts and circumstances of the case. The judgment and order passed by the learned Tribunal requires no interference.

Consequently, appeal from order fails and is hereby dismissed.

Let the entire amount of compensation along with five per cent interest from the date of filing of the claim petition be deposited by the appellant, after adjusting the amount already deposited, within one month from the date of production of a certified copy of this order. Let the statutory amount be also remitted to the Tribunal concerned. After the amount is deposited by the appellant, let the same be disbursed in favour of the claimants forthwith.