The main legal point established in the judgment is the re-assessment of compensation amounts based on the evidence and the Supreme Court's decision in Pranay Sethi (Supra), as well as the determination of the insurer's proportionate liability and recovery rights.

1. The above captioned five appeals arise out of impugned Award of 21st November, 2016, vide which the Motor Accident Claims Tribunal (henceforth referred to as the “Tribunal”) has awarded compensation of Rs.19,52,512/- with interest @ 9% p.a. to legal heirs of deceased-Narmada, a house wife, aged 32 years, in a vehicular accident which took place on 3rd February, 2014.

2. In this unfortunate accident in question, an auto driver-Vijay was grievously injured and the Tribunal vide impugned Award has granted compensation of Rs.30,63,853/- with interest @ 9% p.a. to him, which is under challenge in these appeals. In this accident, minor children- Megha, Bhawna and Master Dev were also injured. Compensation of Rs.45,420/- has been granted by the Tribunal to Injured-Bhawna. Injured-Megha and Master Dev have been granted compensation of Rs.25,000/- each by the Tribunal.

3. Since these five appeals arise out of one vehicular accident, therefore, with the consent of learned counsel for the parties, these appeals have been heard together and are being decided by this common judgment.

4. The factual background of this case, as noticed in the impugned Award, is as under:-

“At the outset it is pertinent to note in the present case there is one deceased namely Smt. Narmada w/o Vijay and four injured persons namely Vijay, S/o Mool Chand, Dev S/o Vijay, Megha, D/o Vijay and Bhawna D/o Shri Sunil. As per the material on record the accident in question occurred on 03.02.2014 at about 11:30 PM near Jalebi Chowk, Sultanpuri, Nangloi Road, Delhi due to rash and negligent driving of offending vehicle i.e. Car Swift Dezire bearing registration no. HR-57-8581 which was being so driven by its driver Shri Shyam Sharma S/o Sh. Suresh Sharma which hit the TSR bearing registration no. DL 1RL 8057 in which the above named deceased and injured persons were travelling and the said accident resulted into the death of deceased Smt. Narmada and injuries on the persons of Shri Vijay, Dev, Megha and Bhawna. The driver and owner of the offending vehicle are ex-parte. They have not filed any reply to the DAR, however, the insurance company has filed the reasoned reply to DAR in which it is mentioned that Vehicle no. HR-57-8581 was insured at the relevant time i.e. on 03.02.2014 through policy valid from 01.11.2013 to 31.10.2014 in the name of Mr. Rothas Kumar. It is further mentioned in the said reply of the insurance company that the said alleged offending vehicle was not insured as private vehicle while the said vehicle was registered as commercial vehicle and thus the insured avoided the insurance premium for the commercial category of the vehicle. Due to the accident in question the FIR No.123/2014 was registered at Police Station Sulatan Puri, Delhi under Section 279/337/338/304-A IPC”

5. To render the impugned Award, the Tribunal has relied upon evidence of Claimants/ legal heirs of deceased and other evidence on record. On the strength of evidence so recorded, impugned Award has been rendered.

6. The breakup of compensation awarded by the Tribunal to legal heirs of deceased-Narmada is as under:-

7. The breakup of compensation awarded by the Tribunal to Injured- Vijay is as under:-      

8. The breakup of compensation of Rs.25,000 each awarded by the Tribunal to Injured- Bhawna is as under:-