Ramesh and another vs Kamathchi Ammal and 4 others

The owner and the driver of a tractor with a trailer are the appellants in the Civil Miscellaneous Appeal. Respondents 1 to 4 are the legal

representatives of one Kullagonder, who died in an accident involving the tractor and trailer belonging to the first appellant and driven by the

Second Appellant.

The Tribunal awarded a sum of Rs.55,000 as against a claim for Rs. 1 lakh. It was alleged that the accident occurred on account of the rash and

negligent driving of the tractor by the driver resulting in the deceased falling down from the vehicle and the front portion of the tractor running over

him.

The learned counsel for the appellants points out that there are several discrepancies relating to how the accident happened and the tribunal has

not considered these discrepancies. According to the learned counsel, the Tribunal ought to have held that there was contributory negligence on the

part of the deceased. The learned counsel further submitted that one of the heirs of the deceased has got married and settled down and had

therefore ceased to be the dependent to be entitled to any compensation. One other submission made by the learned counsel for the appellants is

that the tractor was insured with the firth respondent and the Tribunal erred in exonerating the fifth respondent from the liability to pay the

compensation amount.

It is a matter of admission by the first appellant that Kullagounder died as a result of the accident involving the tractor belonging to him. Unless

there is any material to show that the accident occurred due to any contributory negligence on the part of the deceased, it has to be held that the

accident was purely due to rash and negligent driving on the part of the seconds appellant driver. There are materials to show that the accident

occurred entirely due to rash and negligent driving of the tractor by the driver. The Tribunal has reached the conclusion based on oral and

documentary evidence and I do not think that the said conclusion the rash and negligent driving by the tractor driver is confirmed.

As regards the second contention that one of the claimants had married and settled down and had ceased to be a dependent, the same has to be

rejected. Merely because one of the heirs ceased to be a dependent the quantum of compensation will not get reduced. The contention in this

regard is therefore rejected as without any substance.

As regards the contention raised with regard to the Insurance Company being exonerated, the facts to be noticed are that during the relevant

time the trailer attached to the tractor was not insured. It has been held in The Oriental Insurance Co. Ltd. Vs. N. Chandrashekaran and Others,

relied on by the learned counsel for the Insurance Company that in such a situation only if both the vehicles are insured, the Insurance Company

would be liable to indemnify the owner against the claims arising out of the use of tractor and trailer. The facts in the case decide by the Karnataka

High Court are identical to the facts of the case on hand. The non-insurance of the trailer during the relevant time would indeed absolve the

Insurance Company of its liability. This point is also answered against the appellants.

As regards the quantum it is seen that the deceased was aged 50 years at the time of the accident and he was a day coolie earning about Rs.20.

The Tribunal has fixed the quantum as Rs. 55,000. Though the amount had not distributed under different heads, the ultimate figure, in my view, is

quite reasonable and cannot be stated to be excessive. It is always open to the Tribunal or the Court to distribute the ultimate compensation

amount under several heads and as long as the total figure does not exceed the quantum fixed, there should not be any objection. The deceased

was earning Rs. 20 per day. Assuming that he would have worked for 20 days a month and using a multiplier of 12 years, the pecuniary loss can

come to about Rs. 33,000. To this if we add amounts for loss of consortium, loss of love and affection, etc. the ultimate figure will be roughly

about Rs. 54,000 or Rs. 55,000. The ultimate figure of Rs.55,000 awarded by the Tribunal is in order. No exception can be taken to the same.

Consequently, the Civil Miscellaneous Appeal fails and the same is dismissed. However, there will be no order as to costs.