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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rajiv Sharma, J.
Future General India Insurance Co. Ltd. – Appellant
Versus
Amarjeet Kaur and Others – Respondents
FAO (MVA) No. 58 of 2015
Decided On : 10.3.2015
Motor Vehicles Act, 1988 - Compensation - Section 166 - Future prospects, income assessment, and insurance policy provisions discussed - Sections 166, 168, 149, 149(2)(a)(ii), 149(2)(a)(iii), 149(2)(a)(iv), 149(2)(a)(v), 149(2)(b) - The court discussed the assessment of income of the deceased, future prospects, and insurance policy provisions under the Motor Vehicles Act, 1988. The court referred to various judgments including Sarla Verma and Others vs. Delhi Transport Corporation and Another, Santosh Devi vs. National Insurance Company Limited and Others, Rajesh and Others vs. Rajbir Singh and Others, and Kalpanaraj and Others vs. Tamil Nadu State Transport Corporation to interpret and apply the legal provisions in reaching its decision.
Fact of the Case:
The claimants filed a claim petition under section 166 of the Motor Vehicles Act, 1988 for compensation on account of the death of their daughter in a motor vehicle accident. The appellant-insurance company contested the claim on the grounds of the driver's driving license and the vehicle's registration and insurance validity.
Finding of the Court:
The court found that the accident was caused by the rash and negligent driving of the vehicle's driver. It upheld the Motor Accident Claims Tribunal's assessment of the deceased's income and future prospects, applying the legal principles established in various Supreme Court judgments.
Issues: The issues involved the assessment of the deceased's income, future prospects, and the validity of the insurance policy under the Motor Vehicles Act, 1988.
Ratio Decidendi: The court applied the legal principles established in Sarla Verma and Others vs. Delhi Transport Corporation and Another, Santosh Devi vs. National Insurance Company Limited and Others, Rajesh and Others vs. Rajbir Singh and Others, and Kalpanaraj and Others vs. Tamil Nadu State Transport Corporation to determine the compensation amount based on the deceased's income and future prospects.
Final Decision: The appeal was dismissed, and the court upheld the Motor Accident Claims Tribunal's award of compensation to the claimants.
Rajiv Sharma, J.
1. This appeal is instituted against the award dated 19.9.2014 rendered by the Motor Accident Claims Tribunal-I, Solan in MAC Petition No. 6-NL/2 of 2012.
2. Key facts necessary for the adjudication of this appeal are that respondents No.1 and 2 (hereinafter referred to as the “claimants” for convenience sake) instituted a claim petition under section 166 of the Motor Vehicles Act, 1988 for compensation on account of death of their daughter, who died in an accident caused by respondent No.4 Sham Lal, Driver. The vehicle No.HR-37C-5933 was owned by respondent No.3 Noor Hussain. Daljeet Kaur was 23 years of age. She was doing B.Tech (IT) from the Institute of Engineer and Emerging Technologies, Baddi. She met with an accident on 2.11.2011 when she was coming from Kharuni to Kishanpura side on motorcycle No.HP-12-D-3687, as pillion rider. Motorcycle was driven by Sachin Kumar. When they reached near village Kishanpur at about 7.15 P.M., respondent No.4 came from Nalagarh side driving the offending vehicle No. HR-37-C-5933 in a rash, negligent and careless manner. The truck struck against the motorcycle. Daljeet Kaur received multiple injuries. She was taken to Akash Hospital, Nalagarh. Thereafter, she was taken to C.H.C., Nalagarh, but was declared dead. FIR No. 262/2011 was registered.
3. Notices were issued to the driver, owner and insurance company. Respondents No.3 and 4 have taken a specific plea in their reply that the vehicle was not involved in the accident. The accident has taken place due to negligence of the rider of the motorcycle. The offending vehicle was insured with the appellant-insurance company. The driver was having valid and effective driving licence.
4. Case of the appellant-insurance company was that the driver was not holding valid and proper driving licence. The vehicle was neither having valid registration certificate nor effective certificate.
5. Issues were framed by the Motor Accident Claims Tribunal on 18.10.2012. The Motor Accident Claims Tribunal has awarded a sum of Rs. 21,05,000/- to the claimants. Hence, the present petition.
6. Mr. Neeraj Gupta, learned counsel for the appellant, has vehemently argued that the Motor Accident Claims Tribunal could not have taken future prospects while determining the income of the deceased. He has also contended that the driver was not possessing valid and effective driving licence and there was breach of provisions of the insurance policy.
7. I have heard the learned counsel for the appellant and have gone through the award dated 19.9.2014 carefully.
8. The deceased was 20 years of age. PW-4 Sachin Kumar has led his evidence by filing affidavit Ex.PW-4/A. According to him, he and deceased were going for tuition from their village Kharuni. They used to come back together daily after attending tuition classes. On 2.11.2011, after taking tuition they were coming back on the motorcycle. When they reached Kishanpura, the offending vehicle came from behind in a rash and fast speed and struck his motorcycle. Daljeet Kaur fell down from his motorcycle. She sustained injuries. She was taken to Akash Hospital, Nalagarh and thereafter to C.H.C. Nalagarh. FIR Ex.PW-1/A was registered. It has been proved by PW-1 Mohan Lal. The driver has not appeared as witness. The Motor Accident Claims Tribunal has drawn a right inference that the accident has taken place due to rash and negligent driving of respondent No.4.
9. Claimant No.1 has examined herself as PW-3. She has tendered her evidence by way of affidavit Ex.PW-3/A. She has deposed that her daughter was doing I.T. studies. She would have got government job after completing her studies. She was good at studies. PW-4 Sachin Kumar has also deposed that the deceased was studying in the Institute of Engineering and Emerging Technologies. PW-2 Anil Kumar has also deposed that deceased was studying in the University of Information Technology Department in 3rd semester. He has proved documents Ex.P-2 to P-6
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