Point of Law: Deduction of 1/3rd income qua the personal expenses is a mandate even in view of the later pronouncements.

JUDGMENT :

1. The present appeals arise out of the award dated 26.09.2012 passed by the Motor Accident Claims Tribunal, Sirohi (hereinafter referred to as 'the learned Tribunal'), whereby compensation of Rs.4,17,000/- along with interest @ 6% has been awarded in favour of the claimants.

2. The case of the claimants is that Smt. Badami Devi expired as a result of the injuries sustained by her on 8.5.2010 when she was travelling as a pillion rider on a motorcycle driven by her son Shri Kailash Kumar. The said motorcycle was hit by one 'Pick-up' No.RJ-16-GA-0623 which was coming from opposite direction in a rash and negligent manner resulting into the deceased falling on the road and expiring on the spot.

3. Being aggrieved by the award passed by the learned Tribunal, S.B. Civil Misc. Appeal No.2563/2012 has been preferred by Reliance General Insurance Company Limited (for short 'the Insurance Company') and S.B. Civil Misc. Appeal No.133/2013 has been preferred by the claimants for enhancement of compensation.

4. The main ground raised by the Insurance Company is that the driver was driving a 'Pick-Up' which is a transport vehicle whereas he was having a Driving Licence for driving a 'Light Motor vehicle (LMV)' only and the same was clearly in breach of the conditions of the Insurance Policy. Therefore, the Insurance Company cannot be held liable to pay the compensation.

5. So far as the issue whether 'Light Motor Vehicle' would include a 'Transport Vehicle' is concerned, the same is no more res integra in view of the Hon'ble Apex Court judgment in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited; (2017) 14 SCC 663.

6. In the said judgment, the Hon'ble Apex Court held as under :

"(i) "Light motor vehicle" as defined in Section 2(21) of the Act would include a transport vehicle as per the weight prescribed in Section 2(21) read with Section 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No.54 of 1994.

(ii) A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg would be a light motor vehicle and also motor car or tractor or a roadroller, "unladen weight" of which does not exceed 7500 kg and holder of a driving licence to drive class of “light motor vehicle” as provided in Section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg or a motor car or tractor or roadroller, the “unladen weight” of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under Section 10(2)(d) continues to be valid after Amendment Act 54 of 1994 and 28-3-2001 in the form."

7. In view of the ratio as laid down by the Hon'ble Apex Court, the finding of the learned Tribunal that the insurance company is liable to pay the compensation is just and correct and cannot be interfered with.

8. So far as the quantum of compensation is concerned, learned counsel for the Insurance Company submitted that the learned Tribunal has erred in firstly computing the income of the deceased to be Rs.2,500/-per month without any evidence available on record and secondly in not deducting 1/3rd of the income qua the personal expenses.

9. Per contra, learned counsel appearing for the claimants submitted that the learned Tribunal has erred in computing the income of the deceased to be Rs.2,500/-per month only whereas it ought to have been calculated to minimum of Rs.3,000/-per month in view of the ratio laid down in the case of Lata Wadhwa & Ors. Vs. State of Bihar & Ors; AIR 2001 SC 3218.

10. This Court is of the specific opinion that in terms of the settled proposition of law, deduction of 1/3rd income qua the personal expenses is a mandate even in view of the later pronouncements in the cases of Smt. Sarla Verma & Ors. Vs. Delhi Transport C