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Judgment
Ali Mohammad Magrey, J
1/- By the present appeal, the appellant, Reliance General Insurance Company Limited, for short RGI, challenges and seeks the setting aside of the Award dated 13.05.2019, for short impugned Award, passed by the Motor Accidents Claims Tribunal, for short Tribunal, in case titled Feroz Ahmad Haroon and others v. Reliance General Insurance Company Limited and others, INTER-ALIA on the grounds that the respondents/claimants were not dependent upon the income of the deceased, therefore, not entitled to any compensation.
2/- This Court, in terms of order dated 22nd July, 2019, while issuing notice to the other side has stayed the execution of the impugned award.
3/- Subsequent thereto the Record has been summoned in terms of order dated 23rd November, 2020, and the same is on record.
4/- A brief relook at the events leading to the filing of the present appeal is imperative, thus:
5/- One Mohammad Ramzan Haroon S/o Abdul Gaffar Haroon R/o Barbarshah, Srinagar, is stated to have been working as Sr. Driver in the State Forest Corporation, at Shalteng, and on 4th November, 2015 had parked his vehicle in the office compound at Shalteng when the respondent no. 5, while driving vehicle no. JK01X 3401 rashly and negligently, hit him as a result of which the said person suffered grievous injuries and later on succumbed to the same.
6/- The respondents/ claimants, thereafter, approached the Tribunal with a claim petition seeking compensation to the tune of Rs. 67.80 lacs on account of the death of the deceased.
7/- The appellants/ respondents had appeared and filed their reply before the Tribunal resisting the claim of the respondents/ claimants on the ground that the vehicle involved in the accident was being driven by the driver without valid and effective driving license on the date of accident and had sought protection under section 147 and 149 of the Motor Vehicles Act while praying for the dismissal of the claim petition.
8/- The Tribunal framed three issues for adjudication, which for facility of reference are reproduced herein:
"1. Whether on 04.11.2015 the deceased parked his vehicle at State Forest Corporation, Shalteng and in the meantime the offending vehicle bearing regd. No. JK01X/3401 being driven by respondent No. 2 rashly and negligently hit the deceased, who sustained severe injuries on his body and was immediately shifted to hospital, where the deceased was declared brought dead? OPP
Whether the respondent No. 2-driver was permitted by the respondent No. 3-owner to drive the crime vehicle knowingly without valid and effective DL and other vehicular documents like F/C on the material date of occurrence, if yes, the respondent insured has committed the breach of policy stipulations absolved the respondent company from its liability on account of petitioners claim? (OPR-1)
In case issue Nos. 1 & 2 are proved in affirmative, to what amount of compensation the petitioners are entitled to, from whom and in what proportion? OPP"
9/- Upon hearing the learned counsel for the parties and on consideration of the matter, the Tribunal has allowed the claim petition and passed an Award to the tune of Rs. 34,07,037/- with interest @ 6% per annum from the date of filing of the claim petition till its final realization payable within four weeks.
10/- Aggrieved of the impugned Award, the appellants have filed the present appeal to seek reversal of the same.
11/- Heard learned counsel for the parties, perused the impugned Award and the material available on the file.
12/- Considered the submissions made.
13/- The Tribunal after taking into consideration all aspects of the matter, and while appreciating the evidence on the file, awarded an amount Rs. 34,07,037/- with 6% simple interest as compensation in favour of respondents/ claimants. The appellants have never raised an issue of dependency before the Tribunal but have only resisted the claim to the extent of validity of the driving license. The respondents/ claimants having admittedly lost their father have lost the affection, good care, consortium; it is an incalculable lasting blow for a child to lose his father and it has nothing to do with age or marriage. The dependency of a child upon his father is illimitable and it cannot be made limited or narrowed to a particular age or to a bachelor stage only. In that view of the matter, the contention of the appellants that the respondents/ claimants are not entitled to any compensation being married is an ill conceived thought and cannot be accepted.
14/- In view of above, the impugned Award is held to be reasoned and does not suffer from any illegality. Accordingly, the appeal being without any merit, is dismissed along with all CMs. Interim direction, if any, shall stand vacated. The respondents/claimants shall be entitled to the awarded amount in terms of the impugned Award minus the amount already paid, if any. 15/- Records be sent back with a copy of this order.
16/- The appeal, as such, is dismissed on the above lines. There shall, however, be no order as to costs.