The value of human life cannot be measured in precise arithmetical calculations, and social welfare work cannot be a ground to avoid liability.

JUDGMENT :

1. Being aggrieved and dissatisfied with the judgment and award passed by the Member, Motor Accident Claims Tribunal, Latur, the appellants – original respondent no.2 and original respondent no.1 have preferred this appeal.

2. Brief facts of the case are as under :-

On 30.05.2010 during night hours deceased Baliram and his son-in-law were proceeding to the Railway Station at Latur on motor cycle. Deceased Baliram was ridding the motor cycle. At about 8.45 p.m., auto rickshaw bearing no.MH-24-L-9233 driven by respondent no.1 in rash and negligent manner gave dash to the motor cycle from opposite direction. In the said accident, deceased Baliram sustained fatal injuries and while undergoing the treatment, he succumbed to the injuries. First Information Report was lodged for rash and negligent driving against respondent no.1 under various sections of the Indian Penal Code (For short, “IPC”).

3. The respondent nos.1 to 4 -original claimants filed Claim Petition before the Motor Accident Claims Tribunal, Latur (For short, “the Tribunal”) for getting compensation against the appellants and respondent no.5 on account of death of deceased Baliram. Considering the evidence on record and after hearing the parties, the Tribunal has awarded compensation of Rs.15,49,120/- with interest @ 6% p.a. from the date of Petition till its realization. The said judgment and order is under challenge.

4. It is the contention of the learned counsel for the appellants that the Tribunal has erroneously held appellant no.2/original respondent no.2 responsible for paying compensation in respect of the accident, in fact the deceased was at fault. The learned counsel further submits that the treatment was given to the deceased in private hospital without recording medico-legal case. The first information report is lodged after lapse of 11 days. The pillion rider was not examined to prove the point of rash and negligent driving of appellant no.2. The Tribunal granted excess and exorbitant compensation under the guise of just compensation. The Tribunal has not considered that appellant no.1 is society for integrated social upliftment SISU who is running orphanage in Latur District and the auto rickshaw is registered in the name of appellant no.1. Appellant no.1 is not profit organization and working for the welfare of poor and orphan children. Hence requested to allow the appeal.

5. It is contention of the learned counsel for respondent nos.1 to 4 that while granting compensation, the Tribunal has considered all the aspects and granted compensation. The deceased was serving as permanent Mason in Irrigation Department, Latur, whose monthly salary was Rs.19,495/-. The deceased was getting income from agricultural land. Considering the evidence on record the Tribunal has granted just and proper compensation.

6. The learned counsel for respondent no.5 submitted that on the date of vehicular accident, the auto rickshaw was not insured with respondent no.5. Hence the appellant no.1 being the owner of the auto rickshaw is liable to pay the compensation. The judgment and order passed by the Tribunal is legal and valid.

7. I have heard all the learned counsel. Perused the judgment and order passed by the Tribunal. The appellants have preferred this appeal mainly on three grounds (i) The deceased himself was negligent while driving the motor cycle, (ii) F.I.R. is lodged after 11 days of the accident and (iii) income of deceased considered on higher side.

8. I deal with all issues one by one.

(i) Negligence of deceased :-

It has come in the evidence of CW-1 – Pradeep Baliram Hasnale, who is son of the deceased, that after the accident the deceased become unconscious, therefore, the son-in-law (pillion rider) of deceased took him to hospital i.e. Civil Hospital, Latur, thereafter deceased was taken to Vivekanand Hospital, Latur and then Lokmanya Intensive Care Centre, Latur. The deceased was under treatment in ICU for 15 days from the date of accident. Thereafter, he die