Delay in FIR does not invalidate claims; courts must ensure just compensation based on established income and dependents.

JUDGMENT :

1. This appeal under section 173 of the Motor Vehicles Act, 1988 is filed by the appellant/ Insurance company impugning the order dated 16.05.2007 of the learned Chairman, Motor Accident Claims Tribunal – Cum – Principal District Judge, Kurnool in MVOP.No.1189 of 2005.

2. Heard arguments of Smt.V.Durga, the learned counsel for appellant and Sri Vivekanand Virupaksha, the learned counsel for respondent Nos.2 to 5.

3. The following facts are required to be noticed:

Mr.Lateef was a pillion rider of a scooter being driven by Sri Shaik Shalu Miah/ PW.2 and they were travelling towards Bangarupeta. At about 10 am on 03.07.2005, the motorcycle bearing registration No. AP 21 J 8101 being driven by Shaik Shavali came from behind at high speed and dashed the scooter. Because of this collision, Mr. Latheef fell and suffered serious head injury. He was admitted in Government General Hospital, Kurnool and while undergoing treatment, he died out of those injuries on 06.07.2005. His mother, his wife and three minor children filed MVOP.No.1189 of 2005 praying for Rs.25,00,000/- as compensation. The owner of the offending motor cycle was shown as R1 and the insurer/ the Oriental Insurance Company Limited was shown as R2 which issued the insurance policy. Before the claims tribunal, the owner of the offending vehicle did not choose to appear and contest. The insurance company raised serious contest about the involvement of the motor cycle bearing registration No. AP 21 J 8101 and contended that there was belated registration of FIR and the owner of the offending vehicle and the person who allegedly drove the same are brothers and there was collusion among all the parties. It also raised questions about contributory negligence and finally prayed for dismissal of the claim. Learned claims tribunal settled the following issues for trial:

1. Whether the accident occurred on 03-07-2005 at about 10 am., at Venkataramana colony, Kurnool, resulting in the death of Shalk Abdul Latheef, was due to rash and negligent driving of the Scooter bearing registration No.AP-21-J-8101? (or) due to rash and negligent driving of the another motorcycle bearing registration no.AP-21-A-3656, by its driver?

2. Whether the petition is bad for non-joinder of owner and Insurer of the other motorcycle as necessary parties?

3. Whether the petitioners are entitled to Rs.12,00,000/-towards compensation? If not, to what amount and from which of the respondents?

4. To what relief?

PW.1 to 3 and Exs.A1 to A4 for claimants; RW.1 and Exs.B1 to B7 for respondents were the evidence placed for consideration. Learned claims tribunal extensively dealt with the disputed facts and concluded that the accident was out of rash or negligent driving of the driver of the offending vehicle. Therefore, there was no need to implead the owner and the insurer of the scooter on which the deceased was travelling at the material point of time. On consideration of the material on record, it found Rs.3,92,500/- as compensation would be adequate in the facts and circumstances of the case. Accordingly, it passed the award in the following terms.

In the result, the petition is allowed and the petitioners 1 to 5 are entitled to compensation of Rs.3,92,500/- with interest thereon @ 7.5% per annum from the date of petition till the date of payment and proportionate costs. The respondents 1 and 2 are liable to pay the compensation amount. Out of the aforesaid compensation amount, the first petitioner is entitled to Rs.30,000/-: the second petitioner is entitled to Rs.1,37,500/- and the petitioners 3 to 5 are entitled Rs.75,000/- each. The first petitioner is permitted to withdraw her entire share of compensation amount, after deposit. On deposit of compensation amount, the second petitioner is permitted to withdraw an amount of Rs.25,000/- from out of her share awarded and the balance shall be kept in Fixed Deposit In a Nationalized Bank for a period of 39 months. The compensation amount awarded to the minor p